Shiva Patel vs The State Of Madhya Pradesh on 29 April, 2022

[Cites 4, Cited by 7]

Madhya Pradesh High Court

Shiva Patel vs The State Of Madhya Pradesh on 29 April, 2022

Bench: Vishal Mishra

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                 ON THE 29th OF APRIL, 2022

                                                     MISC. CRIMINAL CASE No. 21050 of 2022

                                             Between:-
                                             SHIVA PATEL S/O KALLU PATEL , AGED ABOUT 22
                                             YEARS, OCCUPATION: PRIVATE JOB H.NO. 3257
                                             KANCHANPUR       DISTRICT   JABALPUR    M.P.
                                             (MADHYA PRADESH)

                                                                                                           .....PETITIONER
                                             (BY SHRI MUKESH KUMAR MISHRA, ADVOCATE )

                                             AND

                                             THE STATE OF MADHYA PRADESH THROUGH THE
                                             POLICE STATION OMTI DISTRICT JABALPUR M.P.
                                             (MADHYA PRADESH)

                                                                                                         .....RESPONDENTS
                                             (BY SHRI AMIT PANDEY, PANEL LAWYER)

                                          This application coming on for admission this day, the court passed the
                                    following:
                                                                           ORDER

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier application was dismissed as withdrawn vide order dated 08.04.2022 passed in M.Cr.C.No.15598/2022.

T he applicant has been arrested on 26.01.2022 by Police Station Omti, District Jabalpur (M.P.) in connection with Crime No.526/2021 for the offence punishable under Sections 420, 467 & 468 of Indian Panel Code.

It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. Charge-sheet has been filed on 20.04.2022 and, therefore, there is no further requirement of custodial interrogation of the present applicant. He is the first offender and is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

Signature Not Verified

Per contra, learned counsel appearing for the State vehemently opposed the SAN application stating that forged and fabricated receipts to the tune of Rs.3.50 lacs Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.04.30 13:00:19 IST have been found during investigation. Filing of charge-sheet and the applicant being 2 the first offender as per the case diary record is not disputed by the State counsel.

Considering the over all facts and circumstances of the case and, without commenting upon the merits of the case, this Court deem it appropriate to allow this application. Accordingly, the application is allowed. Subject to the verification of the fact that the applicant is the first offender, he is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court; and 8 . The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the Signature Not Verified SAN concerned SHO regarding the same.

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.04.30 13:00:19 IST

I n view of the COVID-19, jail authorities are directed to follow Covid 3 Protocol and Guidelines before releasing the applicant on bail.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.04.30 13:00:19 IST

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