Madhya Pradesh High Court
Jagmohan Singh Kathait vs The State Of Madhya Pradesh on 27 July, 2017
MCRC-11131-2017
(JAGMOHAN SINGH KATHAIT Vs THE STATE OF MADHYA PRADESH)
27-07-2017
Shri Ranjan Banerjee, learned counsel for the applicant.
Shri B.P. Pandey, learned G.A for the respondent/State along with Shri
Shivnath Prasad Verma, Sub Inspector, Police Station Amarpatan, District Satna.
This is the second bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been arrested on 25/09/2016 in connection with Crime No.339/2016 for offence registered under Section 420, 471/34 of the IPC, police station Amarpatan, District Satna.
The first bail application bearing M.Cr.C. No.22645/2016 was dismissed vide order dated 01/02/2017 with the observation that at this stage of the case applicant is not entitled to be released on bail. Having considered the contentions of learned counsel for the parties and on perusal of record, there is no doubt that prima facie applicant's involvement in the case cannot be ruled out. However he is in custody since 25/09/16 and trial will take time to conclude and looking to the nature of the evidence available against the applicant, in view of this Court he is entitled to be released on bail. Hence this application is allowed without commenting anything on the merits of the case. It is ordered that the applicant Jagmohan Singh Kathait be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rs.Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub- section(3) of Section 437 of Cr.P.C.
(J. P. GUPTA) JUDGE tarun