Madhya Pradesh High Court
Chandramnai Sharma Alias Sonu vs The State Of Madhya Pradesh on 11 August, 2021
Author: Virender Singh
Bench: Virender Singh
1
MCRC-12380-2021
THE HIGH COURT OF MADHYA PRADESH
MCRC-12380-2021
(Chandramnai Sharma vs The State of Madhya Pradesh)
Jabalpur, Dated 11-08-2021.
Heard through Video Conferencing.
Shri S.D. Gupta, learned counsel for the petitioner.
Shri Aditya Sharma, learned Panel Lawyer for the
respondent No.1/State.
ORDER
Crime No. Under section Police Station Arrest Date 158/2020 394, 397, 398, Kolgavan, 03.03.2020 307, 120-B of Satna, district IPC and Satna, M.P. Section 25, 27 of Arms Act.
1. As declared by the petitioner, this is the second bail application under Section 439 of Cr.P.C. In view of twelve other cases registered against the applicant, the first application was dismissed on merits, vide order dated 12.10.2020 in M.Cr.C. No.32611/2020.
2. This time the petitioner has come with the explanation that except two in all other pending cases, the petitioner has been acquitted. The details provided by the petitioner is as under :-
Sr. No. Crime No. Section Police Station Result
01. 498/02 294, 323, 506-B/34 of Civil Lines, Acquittal IPC Distt. Satna
02. 169/07 294, 323, 506/34 of IPC Civil Lines, Acquittal on Distt. Satna 30.1.2008.Signature Not Verified SAN
Date: 2021.08.12 16:59:47 IST 2 MCRC-12380-2021
03. 199/07 341, 294, 323, 506/34 of Civil Lines, Acquittal on IPC Distt. Satna 30.11.2008.
04. 45/07 41 (1-2), 110 of Cr.P.C. Civil Lines, Dispose of Distt. Satna
05. 115/07 107 and 116 of Cr.P.C. Civil Lines, Dispose of Distt. Satna
06. 71/08 41 (1-2), 110 of Cr.P.C. Civil Lines, Dispose of Distt. Satna
07. 64/10 151, 107, 116 (3) of Civil Lines, Dispose of Cr.P.C. Distt. Satna
08. 41/12 323, 324/34 of IPC Civil Lines, Acquittal on Distt. Satna 20.09.2016.
09. 20/15 107, 116 (3) of IPC Civil Lines, Dispose of Distt. Satna
10. 1026/16 394, 120-B, 34 of IPC Civil Lines, Pending before Distt. Satna 7th ASJ, Satna.
11. 882/18 379, 120-B of IPC Civil Lines, Pending Distt. Satna
12. 96/19 279 of IPC Civil Lines, Acquittal on Distt. Satna 7.5.2019.
2. The documents, Annexure A-1 supporting the claim of the petitioner has been annexed with the information placed on record.
3. Learned PL has not controverted the information supplied and relied by learned counsel for the petitioner.
4. In the present case, the petitioner is in custody since 3.3.2020, i.e. more than one and half years.
5. All other co- accused have been granted bail by the coordinating bench of this court.
6. The case of the prosecution, in short is that on 31.1.2020 one Lalchand was robbed by three unknown miscreants one of them fired a gun shot and caused injuries to victim. They snatched his 3 MCRC-12380-2021 beg containing cash Rs.1000/- and ran away. After about a month, the petitioner was apprehended by the Police. A country made pistol alongwith a live cartilage was recovered from his possession. The Police also recovered two currency of note of Rs.500 denomination. During investigation, the empty cartilage was recovered from the place of incident. The petitioner was presented before the victim for identification and was correctly identified by him as one of the offenders.
7. Learned counsel for the petitioner argued that there is no evidence that the gun shot was fired by the petitioner. The victim has not identified him as the person who fired a gun shot and caused injuries. There is no FSL report to connect the pistol recovered from the petitioner with the alleged fire. The petitioner is in jail for more than one and half years. The trial is likely to take time. The petitioner is permanent resident of Chouhan Nagar, Jawla Mandir Ke pass, Pateri, Satna, Civil Lines Satna. There is no possibility of his absconding. He is ready to furnish adequate surety and to abide by the conditions to be imposed by this court. He is also ready to cooperate with the trial. Therefore, he be granted bail.
8. Having regard to the explanation regarding criminal antecedents, the allegations made against the petitioner, amount of property roped coupled with the period of custody and other facts and circumstances of the case, I deem it appropriate to allow the petition. Therefore, without commenting on the merits of the case, the petition is allowed.
8. It is directed that the petitioner Chandramnai Sharma @ Sonu be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one 4 MCRC-12380-2021 solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-
(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;
(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The petitioner shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
(Virender Singh) JUDGE bks