Madhya Pradesh High Court
Saindhpal Singh vs The State Of Madhya Pradesh Thr on 9 July, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 25877/2018
(Sendhpal Singh Vs. State of M.P.)
(1)
Gwalior, dated : 9/7/2018
Shri Mukesh Sharma, Advocate for the applicant.
Shri A.K.Nirankari, Public Prosecutor for the respondent-
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Chanderi, District Ashoknagar, in connection with Crime No.146/2018 registered in relation to the offences punishable under sections 394, 353, 332 and 224 read with 34 of the IPC.
Allegations against the applicant, in short, are that when Police Party reached his home to apprehend him in connection with Crime No.20/18, he fled with the help of other accused persons, who had surrounded the Police Party and assulted them with Lathi, Danda, Axe etc. Learned counsel for the applicant submits that the applicant has been falsely implicated. Even as per prosecution story, he fled from the spot and had no role in assaulting the police personnel. It is submitted that even if the prosecution version that revolver has been recovered from the house of applicant at his instance is taken at its face value, then too the offences, as alleged, would not be made out against the applicant. Applicant is a permanent resident of Village Kutharyau Khagal, Tahsil Chanderi, District Ashoknagar, and there is no likelihood of his absconsion, if released on bail.
Learned Public Prosecutor 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.
However, it would not be desirable to enter into the merits THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25877/2018 (Sendhpal Singh Vs. State of M.P.) (2) of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Sendhpal Singh be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned 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.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.07.10 16:53:35 +05'30'