Madhya Pradesh High Court
Kamal Singh vs The State Of Madhya Pradesh on 14 September, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 14th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 41963 of 2022
BETWEEN:-
KAMAL SINGH S/O DEVI SINGH
KEER, AGED ABOUT 35 YEARS,
OCCUPATION: LABOUR, R/O
DISTRICT BHOPAL (MADHYA
PRADESH)
.....APPLICANT
(SHRI RAJESH JAT, LEARNED COUNSEL FOR
THE APPLICANT)
AND
THE STATE OF MADHYA
PRADESH STATION HOUSE
OFFICER THROUGH POLICE
STATION KANNOD, DISTRICT
DEWAS (MADHYA PRADESH)
.....RESPONDENT
(SHRI K.K.TIWARI, LEANRED GA APPEARING ON BEHALF OF
ADVOCATE GENERAL)
This application coming on for hearing this day, the court
passed the following:
O R D E R
Applicant has filed this first bail application under Section Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/14/2022 6:25:17 PM 2 439 of the Code of Criminal Procedure, 1973. He is in jail since 24.05.2020 in connection with Crime No.274/2020 registered at P.S. - Kannod, District Dewas (M.P.) for commission of offence punishable under Section 379, 467, 468, 471, 420 and 34 of IPC.
As per the prosecution story, complainant Manoj lodged an FIR by stating that his Swift Dzire car bearing registration No. MP- 09-CS-7280 was parked near his home at the night. On the next morning the car was missing. During the investigation it has been gathered that present applicant and other co-accused persons prepared forged registration certificate and other documents of the said vehicle and sold it to any other person. Accordingly, offence has been registered against the present applicant and other co- accused persons.
Learned counsel for the applicant contended that applicant is innocent and they he has falsely implicated in this matter. He is in custody since 24.05.2020. He has been made accused on the basis of the memorandum under Section 27 of the Evidence Act given by the co-accused, but nothing has been recovered from his possession. In other Crime No.531/2021 and 408/2021 registered at P.S. Khategaon he has been enlarged on bail by the order of this Court. Co-accused Palchand @ Bablu and Mithilesh have been enlarged on bail by this Court vide order dated 18.08.2022 passed in M.Cr.C.Nos.39455/2022 and 39442/2022 respectively in similar Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/14/2022 6:25:17 PM 3 circumstances. Investigation is over and charge sheet has been filed. Applicant is permanent resident of District Bhopal. Hence, he prays that the applicant be released on bail.
Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection by submitting that present applicant is a habitual offender and criminal antecedents of similar nature have been found against him.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that present applicant has made accused on the basis of the memorandum under Section 27 of the Evidence Act given by the co-accused, but nothing has been recovered from his possession, in other offence applicant has been enlarged on bail by the order of this Court, investigation is over therefore, no further custodial interrogation of the applicant is required. Co-accused Palchand and Mithilesh have also been enlaraged on bail by this Court in similar circumstances and final conclusion of trial will take considerable long time. Therefore, in these circumstances and looking to the parity, I deem it proper to release both the applicant on bail.
Accordingly, without commenting upon the merits of the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/14/2022 6:25:17 PM 4 case, bail application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
Certified copy as per rules.
(ANIL VERMA) J U D G E Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/14/2022 6:25:17 PM