Madhya Pradesh High Court
Javed vs The State Of Madhya Pradesh on 24 June, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 M.Cr.C. No.26309/2021
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.26309/2021
(Javed Vs. State of M.P.)
Indore, Dated:24/06/2021
Heard through video conferencing.
Shri Bhaskar Agrawal, learned counsel for the applicant.
Shri Sachin Jaiswal, learned Panel Lawyer for the respondent / State
of Madhya Pradesh.
They are heard. Perused the case diary / challan papers. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.140/2021 registered at Police Station Neemuch City, District Neemuch (MP) for offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code, 1860. The applicant is in custody since 04/04/2021.
Allegation against the applicant is that he forged two insurance policies in a manner to show them as renewed and obtained a total sum of Rs.7,100/-. On the basis of the aforesaid policies, the vehicle in question were sold through Maruti True Value and new vehicles were obtained by respective purchasers.
Counsel for the applicant has submitted that the applicant is in jail since 04/04/2021 and even assuming the offence to be committed by the applicant, the total loss would come to Rs.7,100/- only and the applicant is in jail since last around two and half months and he has already learnt a lesson. It is further submitted that there are no criminal antecedents of the 2 M.Cr.C. No.26309/2021 applicant and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.
Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out, however, it is not denied that there are no criminal antecedents of the applicant.
Having considered the rival submissions and on perusal of the case diary, this Court finds that so far as the evidence available against the applicant is concerned, it appears that he has forged certain policies with a view to obtain undue benefit of the amount of premium involved in the policy which comes to Rs.7,100/-. Hence, taking note of the fact that the applicant is in jail since 04/04/2021, there are no criminal antecedents against him and the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the 3 M.Cr.C. No.26309/2021 conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Subodh Abhyankar) Judge krjoshi Digitally signed by KHEMRAJ JOSHI Date: 2021.06.24 17:26:39 +05'30'