Madhya Pradesh High Court
Dinesh Jatav vs The State Of Madhya Pradesh on 11 December, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-47887-2018
(DINESH JATAV Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 11/12/2018
Shri Dharmendra Shrivastava, learned counsel for the
applicant.
Shri Yogesh Parashar, learned Public Prosecutor for the
respondent-State.
Case diary is perused.
Learned counsel for the rival parties are heard.
This is first bail application u/S.439 of the Cr.P.C. Filed by the applicant for grant of bail.
The applicant has been arrested on 17/09/2018 by Police Station Sirol, District Gwalior in connection with Crime No.77/2018 registered in relation to the offence punishable u/Ss. 457 and 380 of IPC.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
The allegation of lurking house trespass and theft in dwelling house is alleged where two cell phones have been recovered from the possession of the applicant, which have been recognized in the TIP as the subject matter of theft. Since investigation is over, further custodial interrogation may not be necessary.
In view of the above and that early conclusion of the trial is bleak possibility and prolonged pre-trial is anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicant fleeing from justice, this court is though inclined to extend the benefit of bail to the applicant THE HIGH COURT OF MADHYA PRADESH MCRC-47887-2018 (DINESH JATAV Vs THE STATE OF MADHYA PRADESH) but with certain stringent conditions in view of criminal antecedents of the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will mark his attendance at the concerned trial court once every fortnight.
A copy of this order be sent to the Court concerned for compliance.
(Sheel Nagu) JUDGE LJ* Digitally signed by LOKENDRA JAIN Date: 2018.12.11 16:20:48 +05'30'