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Madhya Pradesh High Court

Shankara @ Satish Rathore vs The State Of Madhya Pradesh Thr on 24 October, 2017

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                                          M.Cr.C. No. 17827/2017

   (Shankra @ Satish Rathore Vs. State of MP)
24.10.2017
     Shri Ashish Saxena, Advocate for the applicant.
     Shri  A.K.     Nirankari, Public  Prosecutor    for
Respondent/State.

Case Diary is perused.

Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kotwali, District Morena in connection with Crime No. 607/2017 registered in relation to the offences punishable u/S. 379 of IPC.

Allegation against the applicant in short are that he has committed theft of Eicher Tractor Battery.

The applicant is a youth of 30 years of age, who has no criminal antecedents alleged against him. The offence alleged is triable by the Judicial Magistrate First Class. The stolen battery has been recovered from the applicant. The applicant is only earning member of his family and his entire family is dependent on him. If the applicant is kept in jail for longer period then financial condition of his family members would be adversely affected. The applicant is in jail since 21/06/2017 and early conclusion of trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.

Learned Public Prosecutor for the State opposed the application on the ground that the applicant is the main accused and seven criminal cases were registered against him and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed, but with certain stringent condition in view of nature of offence and criminal antecedents of the applicant and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two solvent sureties in the like amount to the satisfaction of the concerned 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/her 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.

7. The applicant shall appear and mark his attendance before the trial/committal court concerned once every month till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.

(S.A. Dharmadhikari) Judge Durgekar*