Madhya Pradesh High Court
Pintu Mori vs The State Of Madhya Pradesh on 26 August, 2020
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.29271 of 2020 (Pintu Mori vs. State of MP) Indore, dated :26.08.2020 Shri Lucky Jain, learned counsel for the applicant is present in person through Video Conferencing.
Ms. Drishti Rawal, learned Public Prosecutor for the non- applicant - State is present in person through Video Conferencing.
Heard. Perused the case diary.
This is second application under Section 439 of Cr.P.C. for grant of bail. Applicant - Pintu Mori S/o Punja Mori is implicated in Crime No.135/2020 registered at Police Station - Petlawad, District Jhabua for the offence punishable under Sections 353, 332, 341, 147, 148, 427 and 506 of IPC along with Section 3(2)(a) of the Prevention of Damage to Public Property Act, 1984 and he is in custody since 19.04.2020.
This Court in its earlier order dated 13.07.2020 had given the liberty to press for fresh application after framing of charges.
Learned counsel for the applicant submits that charges have since been framed and copies of charges framed has been filed and on this ground, bail has been sought.
Per contra, learned Public Prosecutor for the State has opposed the bail application who submits that as per Section 5 of Prevention of Damage to Public Property Act, it has been specified that a person accused under Section 3 or 4 of Prevention of Damage to Public Property Act shall not be released on bail or on own bond without giving opportunity to 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.29271 of 2020 (Pintu Mori vs. State of MP) the Public Prosecutor for protesting the bail application.
In this matter, two other co-accused persons have been granted bail by this Court. The case under Section 3(2)(a) of the Prevention of Damage to Public Property Act is triable by the JMFC.
On due consideration of the aforesaid submissions and looking to the fact that applicant is in jail since 19.04.2020, without commenting upon the merits of the case, this bail application is allowed and it is directed that the applicant - Pintu Mori shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.29271/2020 is allowed and stands disposed of. Certified copy as per rules.
(Shailendra Shukla) Judge gp Digitally signed by Geeta Pramod Date: 2020.08.27 12:16:46 +05'30'