Madhya Pradesh High Court
Ramesh Chandra vs The State Of Madhya Pradesh on 11 May, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 11th OF MAY, 2022
MISC. CRIMINAL CASE No. 23044 of 2022
Between:-
RAMESH CHANDRA S/O KANAHAIYALAL
NARANIYA , AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED FROM PRIVATE JOB
CHAR BHUJA NEAR MOUSAM VIBHAG
RAWATBHATA DISTRICT CHITTORGARH
(RAJASTHAN)
.....APPLICANT
(BY SHRI NIPUN CHOUDHARY, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
KOTWALI SHAJAPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI BHUWAN DESHMUKH, G.A. )
This application coming on for orders this day, the court passed the
following:
ORDER
They are heard. Perused the challan.
This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.437/1990 registered at Police Station Kotwali, District Dewas (MP) for offence punishable under Sections 469, 167, 168, 171, 468, 471 and 34 of IPC. The applicant is in custody since 25.04.2022.
Signature Not Verified SANHe had earlier filed an application for anticipatory bail in M.Cr.C. Digitally signed by PANKAJ PANDEY Date: 2022.05.11 18:15:27 IST No.56572 of 2021, however, the was dismissed as withdrawn on 19.4.2022 with 2 liberty to the applicant to surrender before the trial Court and the trial Court was directed to decide his application for regular bail expeditiously.
Counsel has submitted that the applicant had surrendered before the trial Court, but was not granted regular bail. It is further submitted that the charge- sheet in the present case was filed in the year 1990 and the other co-accused has already been acquitted and the final conclusion of trial is likely to take sufficient long time as the applicant could not mark his appearance before the trial Court on earlier occasions on account of his paralysis and subsequently the co-accused has also informed him that the case has already come to an end. Counsel has submitted that the applicant was never absconding and wants to face the trial, that's why he has surrendered before the trial Court.
Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that the case-diary is not available.
On due consideration of submissions and on perusal of the challan, this Court finds force with the contentions raised by the counsel for the applicant, and finds it expedient to allow the application.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Signature Not Verified SAN Criminal Procedure Code, 1973.
Digitally signed by PANKAJ PANDEYIt is also observed that if the applicant is found to be involved in any of Date: 2022.05.11 18:15:27 IST 3 the criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified SAN Digitally signed by PANKAJ PANDEY Date: 2022.05.11 18:15:27 IST