Madhya Pradesh High Court
Ravi Belwanshi vs The State Of Madhya Pradesh on 16 March, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-52360-2020
The High Court Of Madhya Pradesh
MCRC-52360-2020
(RAVI BELWANSHI Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 16-03-2021 Shri Raman Patel, learned counsel for the applicant.
Shri K.S. Patel, learned P.L. for the State.
This is the second application filed by the applicants/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.228/2019 registered at Police Station Junnardeo District Chhindwara for the offence punishable under Sections 457, 380 and 427 of the IPC and section 4 of the Prevention of Damage to Public Property, Act. The first application was dismissed as withdrawn vide order dated 21.09.2020 passed in M.Cr.C. No.16445/2020.
As per the prosecution case, the applicant along with other co-accused persons is alleged to have committed theft of a huge amount by damaging the A.T.M. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant has no criminal antecedents. It is submitted that if the applicant is enlarged on bail, they will not abscond or flee from justice and they are ready and willing to abide by any reasonable conditions that may be imposed against them in the event of admitting him on bail. They are in custody since 11.08.2019. The applicant is permanent resident of the district and there is no likelihood of their absconding or tampering with the prosecution case. On these grounds, prayer is made to enlarge the applicants on bail.
P e r contra, learned Panel Lawyer has vehemently opposed the application and prayed for its rejection. It is further submitted that some similar nature of offences have been registered against the applicant in various spots of the country in which they by using gas cutter stolen the currency notes from the ATM machine and they are the habitual offenders. Signature Not SAN Verified Heard learned counsel for the respective parties and perused the entire Digitally signed by KAFEEL AHMED ANSARI Date: 2021.03.17 10:47:48 IST 2 MCRC-52360-2020 documents annexed with the case diary.
Having considered the rival contentions of both the parties and on perusal of entire material on record including the case diary, it is case of theft of the huge amount around Rs.67,00,000/-. It is also well settled that bail is not granted only on the ground of delay in the trial. There are various other factors which has also to be considered for granting of bail to the accused. In various places of India, the applicant and co-accused have committed similar nature of offences therein applicant is a member of a gang who used to cut ATM machine by gas cutter for theft of currency notes. Looking to the serious allegations against the present applicant, considering entire material and submissions of the panel lawyer, this Court is of the considered view that this is not a case in which the applicant may be enlarged on bail on the ground of delay in the trial.
Accordingly, this repeat (second) application filed under Section 439 of Cr.P.C is also dismissed.
(AKHIL KUMAR SRIVASTAVA) JUDGE kafeel