Madhya Pradesh High Court
Jairam vs The State Of Madhya Pradesh on 19 December, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 19 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 58239 of 2022
BETWEEN:-
JAIRAM S/O SHRI MUNNA LAL PATEL, AGED ABOUT 34
YE A R S , R/O KHAJRI DISTT. DAMOH (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI SATISH KUAR DAWRA, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION GAISABAD DISTRICT DAMOH (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI PURUSHOTTAM SONI, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This fifth application is filed on behalf of the applicant under Section 439 of Cr.P.C. First application was dismissed as withdrawn vide order dated 16.12.2021 passed in M.Cr.C.No.47795/2020, second application was dismissed on merit vide order dated 22.04.2022 passed in M.Cr.C.No.12604/2022, third application was dismissed as withdrawn vide order dated 01.08.2022 passed in M.Cr.C.No.28655/2022 and fourth Signature Not Verified application was dismissed on merit vide order dated 28.10.2022 passed in SAN Digitally signed by ANUPRIYA SHARMA M.Cr.C.No.46555/2022.
CHOUBEY Date: 2022.12.20 12:27:15 ISTThe applicant is in custody since 26/07/2020 in connection with Crime 2 No.145/2020 registered at Police Station Gaisabad, District Damoh (M.P.) for the offences under sections 457, 380, 461 and 427 of the IPC and Section 3/ 4 of Explosive Substances Act and Section 5/ 9 of Prevention of Damage of Public Property Act.
As per prosecution, it is alleged that the applicant alongwith other co- accused have robed the ATM machine of SBI by causing blast with the explosives.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Co-accused Khoob Singh has already been released on bail by this Court vide order dated 8.6.2021 passed in M.Cr.C. No. 66 of 2021 and another co-accused Habeeb Khan has also been released on bail by a coordinate Bench of this Court vide order dated 14.9.2021 passed in M.Cr.C. No. 41997 of 2021. The applicant is in custody and there is no hope of conclusion of trial in near future, therefore, the applicant may be released on bail maintaining the parity with aforesaid co-accused persons.
On the other hand, learned Govt. Advocate opposes the bail application. Considering the over all facts and circumstances of the case; the earlier application was dismissed on merit; learned counsel for the applicant is unable to point out any change in the circumstances after dismissal of earlier application on merit, therefore, I do not find any ground to entertain this repeat application Accordingly, the application stands dismissed.
Signature Not Verified SAN(SMT. ANJULI PALO) JUDGE Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.12.20 12:27:15 IST anu 3 Signature Not Verified SAN Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.12.20 12:27:15 IST