Madhya Pradesh High Court
Salikram Saket vs The State Of Madhya Pradesh on 27 March, 2019
1 MCRC-9551-2019
The High Court Of Madhya Pradesh
MCRC-9551-2019
(SALIKRAM SAKET Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-03-2019
Shri Agnivesh Dubey, learned counsel for the applicants.
Shri J.A. Shah, learned Government Advocate for the
respondent/State.
Heard.
Case diary perused.
This first bail application under Section 439 of Cr.P.C. filed on behalf of the applicants in connection with Crime No.312/2018 registered by P.S. Jiyawan District Singrauli (MP) for offences punishable under Sections 394, 395, 397 of the IPC and Section 25, 27 of the Arms Act.
As per the case of the prosecution, complainant Nandlal Sahu, who is a Truck Driver of truck bearing No.MP66-A-1507, when he was going from Satna to Baidan after loading the Cement on 04/10/2018 at about 4.00 am, near Sajhar Valley under the jurisdiction of Police Station Jiyawan District Singrauli, four unknown persons have overtake his truck by Bolero Jeep bearing No.MP 53-TA-0717. They have stopped his truck and looted Rs.5,000/- cash, identity card, Adhar Card and Driving License, diary etc. and fled away from the spot. Complainant Nandlal Sahu has lodged the report against unknown persons. During the course of investigation, applicants and other co-accused persons have been arrested and on interrogation they have admitted the commission of crime and have given the information regarding looted money and other articles. On the said information, complainant's driving license, one wooden stick and Rs.700/- cash have been recovered from one co-accused Sitaram Saket. On that basis, above mentioned crime has been registered against the applicants and other co-accused persons.
Learned counsel for the applicants have submitted that the applicants have not committed any crime and have falsely been implicated in the case. It is also submitted that the applicants have no criminal antecedents and they are Digitally signed by SWETA SAHU Date: 27/03/2019 23:54:30 2 MCRC-9551-2019 ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submitted that the applicants are in jail since 06.10.2018 and trial will take long time for its decision. In view of the aforesaid, it has been prayed that the applicants be released on bail.
On perusal of the case diary, it seems that the applicants and other co-
accused persons have been arrested in the crime in hand. They have admitted the commission of some other crimes on the same day of incidence. On that basis, two other crimes have been registered against the applicants and other co-accused persons. Applicants are in jail since 06/10/2018.
Considering the aforesaid facts and circumstances of the case and particularly the fact as pointed out by learned counsel for the applicants and the period of custody of the applicants, in the opinion of this Court, the applicants deserves to be released on bail.
Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants is allowed.
It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE ss Digitally signed by SWETA SAHU Date: 27/03/2019 23:54:30