Madhya Pradesh High Court
Rajesh @ Chuha Jat vs The State Of Madhya Pradesh Judgement ... on 3 February, 2014
M.Cr.C. No. 356 of 2014
03.02.2014
Shri R.K. Pandey, learned counsel for the applicant.
Shri Ved Prakash Tiwari, learned PL for respondent-State.
Heard.
On behalf of the applicant, this petition is preferred under Section 439 of Cr.P.C for grant of bail as he is in custody since 3.12.2013 in connection of Crime No. 682/13, registered at Police Station Belbagh, Jabalpur for the offence punishable under Sections 294, 506, 327, 324 of IPC.
The applicant's counsel submits that impugned offence has not been committed by the applicant but only in order to create record against him the impugned offence was registered under the false pretext with some ulterior intention. He further submits that he is in custody since 3.12.2013 and the impugned case is triable by Judicial Magistrate, Ist Class and prayed for grant of bail.
The aforesaid prayer is opposed by the learned PL with the assistance of the case diary saying that looking to the nature of the offence the applicant does not deserve for grant of bail. Besides that he also said that besides the impugned case, the applicant is also facing the prosecution of other fourteen criminal cases before the different courts and prayed for dismissal of the application.
Having heard the counsel, keeping in view his arguments and the nature of the allegation made against the applicant, so also aforesaid period the applicant has suffered in judicial custody alongwith the circumstance that the impugned case is triable by Judicial Magistrate Ist Class mere on account of pendency of other criminal cases in which the applicant is on bail, the prayer of grant of bail could not be refused. Consequently without expressing any opinion on merits of the matter, this petition is allowed and it is further directed that on furnishing a personal bond of Rs. 30,000- (Rs. thirty thousand) alongwith one surety of the like amount to the satisfaction of the trial court, the applicant, Rajesh @ Chuha Jat shall be released on bail with a direction to appear on each and every date of hearing before the trial court.
His single non appearance before the trial court shall lead to automatic dismissal of this bail order.
C c as per rules.
( U.C. Maheshwari ) Judge bks