Madhya Pradesh High Court
Mo. Salim vs The State Of Madhya Pradesh on 8 October, 2015
MCRC-16256-2015
(MO. SALIM Vs THE STATE OF MADHYA PRADESH)
08-10-2015
Shri Jitendra Tiwari, learned counsel for the applicant.
Shri R.N. Yadav, learned Public Prosecutor for the respondent/
State.
Heard.
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 529/2014 registered at P.S.- Kolgawan, District-Satna for the offence punishable under Sections 396, 413, 302 of the IPC.
It is submitted that other accused have been released on bail by this court, copy of the orders passed in the case of Mohd. Sajid Khan, Virendra Kumar @ Lala Pandit and Rajesh Choudhary have been filed along with the application. In the case of Rajesh Choudhary, the Court has passed the following order:-
" Shri Arubendra Singh, Advocate for the applicant.
Shri R.N. Yadav, P.L. for the respondent/State. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 05.08.2014 in connection with Crime No.529/2014 registered at P.S. Kolgawan, District Satna for the offence punishable under Sections 413, 396, 302 of the I.P.C. As per prosecution, it is alleged that this applicant alongwith co-accused persons have robbed Hiva Truck No.MP-19 HA/3665 and committed murder of Betalal, driver of the aforesaid vehicle. Learned counsel for the applicant has submitted that sole case rests on circumstantial evidence. During investigation, a knife and blood stained clothes said to have been recovered from the possession of this applicant. He further submitted that as per FSL report, it was not ascertained that aforesaid articles were stained with human blood. The trial would take considerable time to conclude and, therefore, it is prayed that the applicant be released on bail.
Learned counsel for the State has opposed the application.
On due consideration of the contention made by the learned counsel for the parties alongwith the fact that the FSL report is not supported in regard to this applicant, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rs. Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules."
Prima-facie there is a parity between the present applicant and Rajesh Choudhary.
The prayer for bail is opposed by learned Public Prosecutor. Looking to the facts of the case but without expressing any opinion on the merits of the matter, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) by the applicant along with one solvent surety in the like amount to the satisfaction of CJM Satna, the applicant shall be released on bail with a direction to appear in the trial court on the date of the trial. The applicant shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA