Madhya Pradesh High Court
Sp @ Sp Raja Chauhan vs The State Of Madhya Pradesh on 23 June, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 23rd OF JUNE, 2022
MISC. CRIMINAL CASE No. 30077 of 2022
Between:-
SP @ SP RAJA CHAUHAN S/O KRIPAL SINGH
CHAUHAN , AGED ABOUT 19 YEARS, BIROLI P.S.
PICCHORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI S.B. LODHI, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION PS PICHHORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SUSHANT TIWARI, PUBLIC PROSECUTOR )
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 28.03.2022 by Police Station Pichhore, Distt. Shivpuri in connection with Private Istgasa No. 02/2022 for the offence punishable under Sections 379 of IPC and 41(1)4, 102 of CrPC.
As per prosecution case, on 28.03.2022 Police Pichhore District Shivpuri seized from the possession of present applicant SP @ SP Raja Chauhan one motorcycle bearing chesis no. MBLHA12ACFHL17513 and Engine No. HA12EMFHL16080 was seized and thereafter on his revelation three more 2 motorcycles were also recovered. He could not justify the possession of aforesaid motorcycles. He was arrested on 28.03.2022. Istgasa No. 02/2022 for the offence punishable under Section 379 of IPC and 41(1)4, 102 of CrPC was registered. Since crime No.293/22 for the offence punishable under Section 379 of IPC in regard to theft of motorcycle bearing registration No. UP94 P 5147 was registered at Police Station Kotwali District Tikamgarh and crime No. 616/22 for the offence punishable under Section 379 IPC in regard to theft of motorcycle bearing registration No. MP09 MV 6882 was registered at Police Station Pardesipura District Indore, the same were given to Police Station Kotwali District Tikamgarh and Police Station pardesipura District Indore in seizure. After seizure of aforesaid motorcycles, no crime till today has been registered at Police Station Pichhore. Afterwards, a complaint Istagasa has been submitted before concerning Magistrate that applicant-accused is in custody from last 60 days, disposal of two seized motorcycle could not be done. Hence, against him complaint under Section 403 CrPC has been filed.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. Applicant is in custody since 28.03.2022. Till today no crime has been registered against him. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the Advocates are heard. Case diary perused. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five 3 Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. Application stands allowed and disposed of.
In the present case, applicant is in custody since 28.03.2022 and till today no crime has been registered against him. Only regarding seizure of two motorcycles from him, complaint has been lodged without registering a crime under Section 403 CrPC. In such a situation, the Bail ought to have been granted by the Court below but Court below without considering the merits of the case and going through the case diary blindly rejected the bail application. Due to this, applicant has to approach this Court which is already overburden.
Presiding Officer of Court Below R.M. Bhagwai, Additional Sessions Judge Pichhore District Shivpuri is advised that he is having concurrent jurisdiction under Section 439 CrPC as the High Court is empowered. In future, he should not blindly reject the bail application especially in these types of matters where no crime has been registered. While deciding a bail the Court is not convicting or acquitting a person only disposing his corpus to him on certain circumstances.
Let a copy of this order be sent to concerning Portfolio Judge and Principal District Judge for information.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
YOGENDRA OJHA 2022.06.23 19:31:42 +05'30' (DEEPAK KUMAR AGARWAL) 4 JUDGE ojha