Madhya Pradesh High Court
Manjulal Balecha vs The State Of Madhya Pradesh on 2 July, 2020
Author: Sujoy Paul
Bench: Sujoy Paul
1 MCRC-15231-2020
The High Court Of Madhya Pradesh
MCRC-15231-2020
(MANJULAL BALECHA Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 02-07-2020 (Through Video Conferencing) Shri Kuldeep Singh, learned counsel for the applicant. Shri Akshay Pawar, learned P.L. for the State.
With the consent, finally heard.
This application has been filed by the applicant under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.158/2020 for the offences punishable under Sections 394, 397, 398, 307, 120-B of IPC and Section 25/27 of the Arms Act, 1959 registered at Police Station Kolgawan, District Satna.
Learned counsel for the applicant by taking this Court to the prosecution story reproduced in the order of the Court below dated 09.05.2020 (Annexure-D/1) urged that three persons came on motorcycle made an attempt to snatch the bag of Lalchandra Lalwani and they fired by using a katta on him because of which Lalchandra Lalwani was injured. Indisputably, the applicant is not the assailant and not out of those three persons who allegedly assaulted Lalchandra Lalwani. The applicant's name is added on the basis of memorandum statement recorded under Section 27 of the Indian Evidence Act. Such evidence is not trustworthy and acceptable. The applicant has no role to play. The applicant will cooperate with the trial and will not influence the material evidence etc. He may be given regular bail.
Prayer is opposed by Shri Pawar, learned P.L. for the State. It is urged that although the name of the present applicant is not mentioned as assailant, but certain money, motorcycle, mobile phone etc. have been recovered from him pursuant to under Section 27 of the Evidence Act memorandum.
Considering the aforesaid argument of the parties and the role attributed on the applicant coupled with the fact that conclusion of trial will take time in the present Covid 19 era, I deem it proper to enlarge the applicant on bail. The applicant shall not leave the district head quarter without giving prior intimation to the police. He shall cooperate with the investigation and trial. He shall not influence any material evidence Digitally signed by SHIBA NARAYAN BISWAL Date: 02/07/2020 16:31:22 2 MCRC-15231-2020 or witness.
Accordingly, it is directed that the applicant Manjulal Balecha be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rs. Fifty Thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court regularly on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
M.Cr.C. is allowed.
C.C. as per rules.
(SUJOY PAUL) JUDGE Biswal Digitally signed by SHIBA NARAYAN BISWAL Date: 02/07/2020 16:31:22