Madhya Pradesh High Court
Firoz @ Gotiya Pathan vs The State Of Madhya Pradesh on 26 May, 2015
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Firoj @ Gotiya Pathan Vs. State of M.P.
M.Cr.C. No.2410/2015
26.05.2015
None for the applicant.
Shri J.M.Sahani, Panel Lawyer for Respondent/State.
Case diary is available.
Learned counsel for the State is heard.
The applicant has filed this first bail application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station City Kotwali, District Vidisha in connection with Crime No.454/2014 registered in relation to the offence punishable u/S.392 of IPC.
Learned Panel Lawyer for the State 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.
The applicant is in custody since 10.09.2014 and the trial appears to be in progress. Chargesheet has been filed. Allegation against the applicant is of robbery. Golden chain has been recovered from the applicant. The applicant was taken in custody on 10.09.2014 but no TIP was conducted against the applicant. However, in regard to large number of criminal cases constituting criminal antecedents, the applicant has filed several judgments indicating he has been acquitted in number of cases filed against him. It appears that there are still some more cases against the applicant. The TIP has not been conducted and trial will take time 2 Firoj @ Gotiya Pathan Vs. State of M.P. M.Cr.C. No.2410/2015 and that the early conclusion of trial is a bleak possibility and pretrial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicants fleeing from justice. In view of the above, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of antecedents.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/ (Rs. One Lac only) with two solvent sureties of the like amount in case of each of the applicant to the satisfaction of the concerned 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 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 3 Firoj @ Gotiya Pathan Vs. State of M.P. M.Cr.C. No.2410/2015 case may be.
7. The applicant shall mark his attendance before the trial court once in a week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Vacation Judge AK/