Madhya Pradesh High Court
Dheeraj vs The State Of Madhya Pradesh on 27 February, 2017
1 MCRC.1834/17
(Dheeraj Vs. State of MP)
27.02.2017
Shri Kuldeep Thapak, learned counsel for the
applicant.
Shri Kamal Jain, learned Public Prosecutor for the
respondent/State.
Heard.
This is second bail application under Section 439 of Cr.P.C. The first application was allowed on 24.09.2013, but the applicant remained absent before the trial Court on 7.9.2016, hence his bail bond has been cancelled by the trial Court.
The applicant has been arrested in Crime No.191/2013 registered at Police Station Gohad Chauraha, District Bhind for the offence punishable under Sections 399, 400 and 402 of IPC and section 11/13 of MPDVPK Act.
It is submitted that the applicant was granted bail by this Court and he was facing trial. On 7.9.2016 the applicant could not appear before the trial Court because he was ill, hence non-bailable warrant has been issued against the applicant. The applicant has surrendered before the trial Court on 6.2.2017 since then applicant is under custody. The applicant shall remain present before the trial Court in future, hence prayed for grant of bail.
The prayer is opposed by learned PP for the respondent/State.
Case-diary perused.
Taking into consideration that the applicant was on bail and due to ill health he could not appear before the trial Court on 7.9.2016, hence non-bailable warrant was issued and the applicant has surrendered before the trial Court and is assuring to remain present punctually in future in attending the Court, but without commenting anything on the merits of the case, the application is allowed. It is 2 MCRC.1834/17 (Dheeraj Vs. State of MP) directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(D.K.Paliwal) Judge vv