Madhya Pradesh High Court
Matadeen vs The State Of Madhya Pradesh on 8 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 52271 of 2023
BETWEEN:-
MATADEEN S/O SHRI BADAN SINGH, AGED ABOUT 45
YEARS, NEEV KI BASAI DHOLPUR DISTRICT DHOLPUR
(RAJASTHAN)
.....APPLICANT
(SHRI AVINASH KULSHRESTHA, LEARNED COUNSEL),
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION SARAY CHHOLA
DISTRICT MORENA (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRAMOD PACHORI, LEARNED PL),
This application coming on for HEARING this day, th e court passed
the following:
ORDER
This THIRD bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.144 of 2012 registered at Police Station Saraychola District Morena (M.P.) for offences punishable under Sections 307, 147, 148, 149, 336, 398, 294, 341 and 427 of IPC, Section 25/27 of Arms Act, Section 11/13 of MPDVPK Act. The applicant is in judicial custody since 02-09-2023.
The factual scenario as revealed by record, the applicant was extended the benefit of bail on the ground of parity of co-accused, who was granted bail Signature Not Verified by coordinate Bench of this Court, on 27-05-2013, in compliance whereof, he Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 2 was released on bail on 29.05.2013. However, the applicant breached the condition of bail under which, he had to appear before the trial Court on 24-09- 2014 but he remained absent. Thereafter, in order to secure the presence of applicant, his bail bonds were cancelled and warrant of arrest was issued against him but since the warrant remained unserved, perpetual arrest warrant was issued on 17.02.2023 declaring him to be absconding. In compliance whereof, he was arrested on 02.09.2023 and produced before the trial Court and applicant is in custody ever since.
Learned Counsel for the applicant submits that the applicant has falsely been implicated in the matter. It is alleged that the mob of 400-500 persons have attacked the police station and taken away the tractor trolley. Therefore, offence punishable under Sections 307, 395, 397, 398, 436, 427, 120-B of IPC, Section 25/27 of the Arms Act and Section 11/13 of MPDVPK Act was registered against certain named accused and other 400 unnamed persons. It is submitted that as reflected from the order dated 08-09-2023, the applicant could not appear on the date fixed before the trial Court, as he met with an accident. But he could not produce any document pertaining to his treatment in support of his contention. The applicant is an illiterate labourer and could neither contact his counsel nor inform him in time. The applicant is permanent resident of village Neeb Ki Basai, Dhoulpur and he has learnt the lesson in hard way, therefore, there is no likelihood of his absconding leaving behind his family and property. Learned counsel further submits that co-accused Sultan has already been granted bail by this Court in two matters vide orders dated 9th October, 2023 and 12th October, 2023 in M.Cr.C.Nos. 42562 of 2023 and 42524 of 2023 respectively and the case of applicant is at par with that of co-accused Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 3 Sultan. Therefore, on the ground of parity, the applicant may also be granted bail. It is further submitted that considering the long absence, the applicant is ready to comply with stringent conditions as may be imposed for grant of bail.
Per contra, learned Counsel for the State opposes the prayer for grant of bail while submitting that the applicant had breached the condition of bail and thus, he is not entitled to the benefit of bail. Learned counsel further submits that including present one, two criminal cases were prosecuted against the applicant. Considering the past criminal history, he may not be granted bail.
I n reply, learned counsel for the applicant submits that another matter relates to the period prior to his abscontion and in that matter, he is on bail. He has never been convicted in any matter.
Heard learned learned counsel for the parties.
Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits, this Court is inclined to release the applicant on bail, however, with certain stringent conditions.
Accordingly, the application is allowed and it is directed that applicant Matadeen shall be released on bail in relation to connection with Crime No.144 of 2012 registered at Police Station Saraychola District Morena (M.P.) for offences punishable under Sections 307, 147, 148, 149, 336, 398, 294, 341 and 427 of IPC, Section 25/27 of Arms Act, Section 11/13 of MPDVPK Act, upon furnishing a personal bond in the sum o f Rs.1,00,000/- (Rupees One Lac Only) with two local solvent sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, for compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 4
2. The applicant shall not commit or get involved in any offence of similar nature;
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
6. The applicant shall mark his presence before SHO PS Saraichola Distt. Morena once in every fortnight on a date to be fixed by the concerned SHO till conclusion of trial.
It is further clarified that learned Trial Court may proceed against the applicant under Section 446 of CrPC with regard to forfeiture of his earlier personal bond and surety before releasing him on bail, as aforesaid.
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
Certified copy as per rules.
(SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM