Madhya Pradesh High Court
Braj Kishore@ Pijja Kanjar vs The State Of Madhya Pradesh on 23 January, 2018
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.28220/2017
Jabalpur-23.01.2018
Shri Anoop Kumar Saxena, counsel for the applicant.
Shri Anubhav Jain, Government Advocate for the
respondent/State.
Shri Sajjan Singh Parihar, Town Inspector, PS Nagod, District Satna is present in person.
This is the third bail application under Section 439 of Cr.P.C. for offence punishable under sections 392 of the IPC in connection with Crime No.303/2015 registered at Police Station Nagod, District Satna on rejection of the first bail application on the ground that the co-accused has not been arrested due to which the identification was not conducted, however appropriate directions were issued. Thereafter, this Court has rejected the application because the order passed in M.Cr.C.No.19950/2016 dated 29/06/2017 was not brought to the notice of the Court concerned. Filing the relevant documents before this Court, now this third bail application has been preferred.
On perusal of the facts of the case, the present applicant is in custody w.e.f. 24/06/2016 and the period of more than 1 ½ years have already been elapsed. As per allegation, the complainant states that he has taken an 2 THE HIGH COURT OF MADHYA PRADESH MCRC.28220/2017 amount of Rs.49,000/- from the Allahabad bank, Nagod and kept the same in his purse. The said amount has been looted by two persons coming on a motor-cycle. The co- accused was not arrested, therefore, the trial has not yet commenced. The explanation available on record after direction of the Court is not plausible. However, it is open to the Superintendent of Police, Satna to take action against the erring Official for not arresting the co-accused Sanjay Kanja despite order of this Court as well as the letter written by the ASJ concerned in furtherance to such direction and no steps have been taken despite coming to notice that the said co-accused is in custody in some other case and the report be submitted in this regard within one month to the Registrar (Judicial) of this Court which shall be brought to the notice in chamber.
It is further observed from the record that as per allegation the amount has been withdrawn from the Allahabad Bank and given to the complainant which was looted. Nothing is available on record that from which account the amount has been withdrawn by the 3 THE HIGH COURT OF MADHYA PRADESH MCRC.28220/2017 complainant. The recovery has also not been found from the present applicant. It is merely an identification attached to the file.
While making an investigation, it was the duty of the Investigation Officer to take the details from the bank that from which account and how much amount was paid to the concerned person and the steps must be taken for such recovery. The said fact would be available in the Bank but nothing has been done in this regard.
Considering the aforesaid, looking to the custody period of the present applicant, in my considered opinion it is a fit case wherein the applicant may be enlarged on bail.
The steps taken by the Police concerned be sent for perusal through Registrar (Judicial).
On due consideration of facts and circumstances of the case, this court deems it proper to grant bail to the applicant Braj Kishore @ Pijja Kanjar be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- with a solvent surety in the like amount to 4 THE HIGH COURT OF MADHYA PRADESH MCRC.28220/2017 the satisfaction of JMFC concerned or CJM for his appearance in the trial Court on the dates so fixed by that Court during the trial. It is directed that the applicant shall comply the provisions of Section 437(3) of Cr.P.C.
A typed copy of this order be supplied to Shri Jain for communication and compliance.
Certified copy as per rules.
(J.K. Maheshwari) Judge Astha Digitally signed by ASTHA SEN ASTHA SEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=1ee5a674928966529f24a9132add140c808281a9ccd57 5356592932276d7d52e, 2.5.4.45=032100F16F6F19B1F2EDCC28285569BBA28523D9E8A ED4D08E333A4E2E73DCCC3B497D, cn=ASTHA SEN Date: 2018.01.25 10:44:41 +05'30'