Madhya Pradesh High Court
Deolal vs The State Of Madhya Pradesh on 30 April, 2016
MCRC-7512-2016
(DEOLAL Vs THE STATE OF MADHYA PRADESH)
30-04-2016
Shri P.S. Gaharwar, learned counsel for the applicants.
Shri Satyapal Chadhar, learned PL for respondent -State.
Heard.
Perused the case diary.
This is first bail application filed by the applicants under Section 439 of Cr. P. C. for grant of bail as they have been arrested on different dates, i.e. on 15, 3. 2016, 10.3.2016, 13.3.2016 and 10.3.2016 in connection of Crime No. 59 of 16, registered at P.S. Ghansour, district Seoni, for commission of offence punishable under Sections 147, 336, 436, 427 of IPC.
Other accused persons have been enlarged on bail, vide order dated 22.4.2016 in M.Cr.C. No. 6825 of 2016. The court passed the following order :-
"Shri P.S. Gaharwar, learned counsel for the applicants.
Shri Prakash Gupta learned PL for respondent/ State. Heard.
Perused the case diary.
This is first bail application filed by the applicants under Section 439 of Cr. P. C. for grant of bail as they have been arrested on 2.10.2016 and 15.3.2016 in connection of Crime No. 59/2016, registered at P. S. Ghansour, district Seoni for commission of offence punishable under Sections 147, 336, 436 and 427 of IPC.
The brief facts of the case have been mentioned in the trial court's order of rejection of application. The facts are as under :
-vfHk;kstu ds vuqlkj [email protected] }kjk lg vfHk;qDrx.k ds lkFk feydj djhc lkS Ms<+ lkS yksxksa dk teko dj vkus tkus dk jkLrk can dj Qfj;knh ds edku esa iRFkj ckth dh xbZ vkSj iqfyl ds dkQh le>kus ij HkhM+ ugha ekuh rFkk ,df=r HkhM+ esa ls fdlh O;fDr }kjk Qfj;knh ln~nke ds ihNs okys dejs esa vkx yxkbZ xbZ] ftlds QyLo:i mDr Qfj;knh ln~nke ds ?kj ds vykok vU; laifRr dks Hkh uqdlkuh dkfjr gqbZ gSA Learned Public Prosecutor has opposed the bail application.
Looking to the facts of the case, without expressing any opinion on merits of the matter, petition is allowed.
It is directed that on furnishing personal bond of Rs.50,000/- (Fifty Thousand) by each of the applicants along with one solvent surety in the like amount to the satisfaction of the trial Court the applicants, Sushil Rai, Shiv Kumar Rai and Ghaseeta @ Yogendra be released on bail.
The applicants shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such persons shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such persons shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such persons shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence."
Prima facie, there appears parity between the present applicants and other co - accused who have been enlarged on bail.
Learned Public Prosecutor has opposed the bail application. Looking to the facts of the case, without expressing any opinion on merits of the matter, petition is allowed.
It is directed that on furnishing personal bond of Rs.50,000/- (Fifty Thousand) by each of the applicants along with one solvent surety in the like amount to the satisfaction of the trial Court the applicants, Deolal, Prahlad, Neeraj and Ram Charan be released on bail.
The applicants shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such persons shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such persons shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such persons shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C. C. as per rules.
(S.K. GANGELE) JUDGE bks