Madhya Pradesh High Court
Soudan Singh vs The State Of Madhya Pradesh Thr on 23 August, 2017
1
M.Cr.C.8577/2017
Saudan Singh Vs. State of M.P.
23.08.2017
Shri Bipin Babu Sharma, counsel the applicant.
Shri B.M Patel, Public Prosecutor for the respondent / State.
Case diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this sixth application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested on 27.06.2016 by Police Station Anandpur, District Vidisha in connection with Crime No.76/2015 registered in relation to the offence punishable u/Ss 307, 326, 323, 294, 506 read with Section 34 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.
This is repeat bail application after rejection of the earlier one which was dismissed on merits vide order dated 27.03.2017 passed in M.Cr.C. No.2921/2017 with liberty to come again in case trial gets further delayed.
It is alleged that applicant was wielding Lohangi. Though applicant has inflicted injury giving rise to offence u/s 307 IPC but considering the age of the applicant which is 60 years he may not be able to bear the rigors of incarceration and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention 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 but with certain stringent conditions looking to the gravity of offence.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant 2 M.Cr.C.8577/2017 be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties, each of Rs.25,000/-, 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 in a fortnight.
A copy of this order be sent to the Court concerned for compliance.
CC. as per rules.
(Sheel Nagu)
sarathe Judge