Madhya Pradesh High Court
Ghanshyam Sirvaiya vs The State Of Madhya Pradesh on 6 January, 2023
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 6 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 58867 of 2022
BETWEEN:-
1. GHANSHYAM SIRVAIYA S/O SHRI BABULAL
SIRVAIYA, AGED ABOUT 45 YEARS, OCCUPATION:
AGRICULTURE, R/O VILLAGE JAIRA, POLICE
STATION JAIRON, DISTT. NIWARI (MADHYA
PRADESH)
2. ANSHUL SIRVAIYA S/O SHRI GHANSHYAM
SIRVAIYA, AGED ABOUT 25 YEARS, OCCUPATION:
AGRICULTURE R/O VILLAGE JAIRA, POLICE
STATION JAIRON DISTRICT NIWARI (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI R.S. PATEL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER POLICE STATION JAIRON DISTRICT
NIWARI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI PURSHOTTAM SONI - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first application under Section 439 of Cr.P.C. filed by the applicants for grant of bail. The applicants have been implicated in connection with Crime No.270/2022, registered at Police Station - Jairon, District Niwari Signature Not Verified (M.P.) for offences punishable under Sections 323, 324, 294, 506, 326 and 34 Signed by: KAFEEL AHMED ANSARI Signing time: 07-01-2023 12:58:31 of IPC. The applicants are in custody since 05.12.2022.
2As per prosecution case, it is alleged against the present applicants is that they along with other co-accused committed marpeet with the complainant party and fled away by threatening them to kill.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the alleged offence. There is no legal evidence to connect the present applicant with the alleged offence. Investigation is over and charge-sheet has been filed. There is no role attributed to the present applicants. They are in custody since 05.12.2022. Conclusion of trial will take considerable long time. Under such circumstances, he prays for grant of bail.
O n the other hand, learned Panel Lawyer for the respondent/State opposed the prayer and prays for its rejection and submitted that the applicants have criminal antecedents.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicants shall comply with the provisions of Section 437(3) Cr.P.C.
By way of abundant caution, it is further directed that they shall also mark Signature Nottheir presence in the concerned police station on first and third Saturday of Verified Signed by: KAFEEL AHMED ANSARI every month between 10 a.m. To 12 noon during pendency of the trial. Any Signing time: 07-01-2023 12:58:31 3 default in attendance in Court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicants in custody immediately.
This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
The M.Cr.C. stands allowed and disposed of.
Pending I.As., if any, are also disposed of.
Certified copy, as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE kafeel Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 07-01-2023 12:58:31