Shivaji Vishwakarma vs The State Of Madhya Pradesh on 20 July, 2022

[Cites 15, Cited by 3]

Madhya Pradesh High Court

Shivaji Vishwakarma vs The State Of Madhya Pradesh on 20 July, 2022

Bench: Sanjay Dwivedi

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                BEFORE
                  HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                           ON THE 20th OF JULY, 2022

               MISC. CRIMINAL CASE No. 33071 of 2022

        Between:-
        SHIVAJI VISHWAKARMA S/O RADHESHYAM ,
        AGED    ABOUT   32    YEARS, OCCUPATION:
        PRIVATE WORK MANKAPDA POST SENDUPUR
        POLICE STATION LLIYA TEHSIL CHAKIYA
        DISTRICT CHANDOLI U.P. (UTTAR PRADESH)

                                                                .....PETITIONER
        (BY SHRI B.K. UPADHYAY, ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE    STATION   ITARSI   DISTRICT
        NARMADAPURAM M.P. (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI DEVENDRA GANGRADE, PANEL LAWYER)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This first post-arrest application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 05.03.2022 in connection with Crime No.136/2021 registered at Police Station Itarsi, District Narmadapuram (M.P.) for the offence punishable under Sections 379, 411, 413, 414, 419, 420, 467, 468, 471, 481, 120-B, 201, 34 of IPC.

Learned counsel for the applicant points out that as per the portrayal of prosecution's case, the applicant was found involved in theft of cars and was 2 one of the members of coterie involved in committing alike crime. He submits that other accused persons who were sailing on the same boat have been admitted to bail by this Court. Ergo, he prays that the applicant may also be admitted to bail.

In contrast, counsel for the State opposes the application and disputes that the applicant has a similar involvement in the crime, but highlights that his role was vital and crucial.

Considering the overall facts and circumstances, including the fact that other co-accused have been admitted to bail and that the trial is on its way to determine the actual role of the applicant in the crime, at this stage I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on the merits of the case, this application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE SUDESH Sudesh Digitally signed by SUDESH KUMAR SHUKLA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, KUMAR 2.5.4.20=1d5e479f08e68eda8f9271dbbe2c4bc 3916264aec736f7c5f5885257f5eeaeb7, pseudonym=70EE703D36E97ABB20BA3C79C9 21929E09400A16, SHUKLA serialNumber=7D462390C18350EF7C40811B1 2AB45D82AF1259878762BAC356DCFA877F02 654, cn=SUDESH KUMAR SHUKLA Date: 2022.07.21 13:47:39 +05'30'

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