Madhya Pradesh High Court
Chandar vs The State Of Madhya Pradesh on 7 May, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.19476 OF 2021
(Chandar and Others vs State of Madhya Pradesh)
Indore, Dated 07.05.2021
Arguments heard through Video Conferencing.
Mr. Nilesh Dave, learned counsel for the applicants.
Mr. Sameer Verma, learned counsel for the non-
applicant/State.
ORDER
This is first anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 filed by the applicants namely; applicant No.1 Chandar S/o Balu Banjara, applicant No.2 Nakharabai W/o Balu Banjara and applicant No.3 Prembai S/o Keshuram Banjara as they are apprehending their arrest in connection with Crime No.134/2020 registered at Police Station - Suwasara, District - Mandsaur (MP) for allegedly committed offence under Sections 147, 148, 149, 323, 294, 506, 427, 458 and 459 of Indian Penal Code, 1860.
Earlier the regular bail had been granted to these applicants by the trial Court, but later on Section 459 IPC has been substituted, therefore anticipatory bail application has been filed by them.
Learned counsel for the applicants submitted that the fact remains the same in the matter and the only change is the enhancement of Section 459 IPC which did not form part of the chargesheet. With these submissions, anticipatory bail has been sought.
Learned counsel for the non-applicant/State has been heard as well.
2HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.19476 OF 2021 (Chandar and Others vs State of Madhya Pradesh) Considered.
In view of the fact that the applicants had already been granted regular bail and the facts remains the same and the only change involves the enhancement of Section 459 IPC which is punishable with life imprisonment, which is also triable by Sessions, a case is made out for grant of anticipatory bail to the applicants. Consequently, this application filed under Section 438 Cr.PC is being allowed. It is directed that in the event of arrest of applicants namely; applicant No.1 Chandar S/o Balu Banjara, applicant No.2 Nakharabai W/o Balu Banjara and applicant No.3 Prembai S/o Keshuram Banjara in connection with the aforesaid crime number, the applicants shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) each with one local solvent each surety in the like amount to the satisfaction of Arresting Officer. The applicants shall appear before the Court below on the date which has already been assigned to them. It is also made clear that after being so released on bail, the applicants shall not threaten or influence any of the witnesses otherwise the bail granted to them shall liable to be cancelled without further reference to the Court. This order shall be governed by the conditions No.1 to 3 of sub-section (2) of Section 438 of Criminal Procedure Code, 1973. With the aforesaid, this application stands allowed and is disposed of in above terms. Certified copy as per Rules.
(SHAILENDRA SHUKLA)
Arun/- JUDGE
Digitally signed by ARUN
NAIR
Date: 2021.05.08 10:20:27
+05'30'
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.19476 OF 2021 (Chandar and Others vs State of Madhya Pradesh)