Madhya Pradesh High Court
Jairam vs The State Of Madhya Pradesh on 28 October, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 28th OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 46555 of 2022
BETWEEN:-
JAIRAM S/O SHRI MUNNA LAL PATEL, AGED
ABOUT 34 YEARS, OCCUPATION: AGRICULTURE
KHAJRI DISTRICT DAMOH (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI SATISH KUMAR DAWRA, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GAISABAD DISTRICT DAMOH
M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C.M.TIWARI, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed
the following:
ORDER
This fourth application is filed on behalf of the applicant under Section 439 of Cr.P.C. First application was dismissed as withdrawn vide order dated 16.12.2021 passed in M.Cr.C.No.47795/2020, second application was dismissed on merit vide order dated 22.04.2022 passed in M.Cr.C.No.12604/2022 and third application was dismissed as withdrawn vide order dated 01.08.2022 passed in M.Cr.C.No.28655/2022.
The applicant is in custody since 26/07/2020 in connection with Crime Signature Not Verified SAN No.145/2020 registered at Police Station Gaisabad, District Damoh (M.P.) for Digitally signed by ANUPRIYA SHARMA the offences under sections 457, 380, 461 and 427 of the IPC and Section 3, 4 CHOUBEY Date: 2022.10.29 11:30:02 IST 2 & 5 of Explosive Substances Act and Section 3, 5, 9 of Prevention of Damage of Public Property Act.
As per prosecution, it is alleged that the applicant alongwith other co- accused have robed the ATM machine of SBI by causing blast with the explosives.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Co-accused Khoob Singh has already been released on bail by this Court vide order dated 8.6.2021 passed in M.Cr.C. No. 66 of 2021 and another co-accused Habeeb Khan has also been released on bail by a coordinate Bench of this Court vide order dated 14.9.2021 passed in M.Cr.C. No. 41997 of 2021. The applicant is in custody and there is no hope of conclusion of trial in near future, therefore, the applicant may be released on bail maintaining the parity with aforesaid co-accused persons.
On the other hand, learned Govt. Advocate opposes the bail application. He submits that the applicant has a strong criminal record and 6 other cases of similar nature have been registered against him. In view of the aforesaid, it is prayed that the applicant may not be granted bail.
Considering the over all facts and circumstances of the case; taking into account the nature of allegations, gravity of offences; there is no changed circumstances, this Court is not inclined to grant regular bail.
Accordingly, the application stands dismissed.
(SMT. ANJULI PALO) Signature Not Verified JUDGE SAN anu Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.10.29 11:30:02 IST