Madhya Pradesh High Court
Basant Jatav vs The State Of Madhya Pradesh on 8 February, 2019
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.4373/2019
(Basant Jatav Vs. State of M.P.)
Gwalior, dated : 08.02.2019
Shri Santosh Kumar Sharma, learned counsel for the
applicant.
Shri M.S. Rawat, learned Public Prosecutor for the
respondent/State.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 08.06.2018, in connection with Crime No.540/2017, registered at Police Station Dabra, District-Gwalior, for the offence under Sections 457 and 380 of IPC.
Learned counsel for the applicant submits that the case is of false implication. Only Rs.1000/- has been recovered from the possession of applicant. No test identification parade has been conducted in respect of other gold ornaments which recovered from him. Only on the basis of memo under Section 27 of Evidence Act, he has been falsely implicated in this case. Charge-sheet has also been filed. Confinement since 08.06.2018 amounts to pretrial detention. He undertakes to cooperate in the trial as well as in the investigation as and when required. Therefore, applicant prayed for grant of bail.
Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application. 2
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4373/2019 (Basant Jatav Vs. State of M.P.) Heard the learned counsel for the parties and perused the case diary.
Considering the submissions advanced by both the parties, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only), with a solvent surety of the like amount to the satisfaction of Trial Court concerned. 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 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.4373/2019 (Basant Jatav Vs. State of M.P.) during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will mark his presence at the police station concerned on 5th day of every month, till conclusion of trial.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge Rashid RASHID KHAN 2019.02.08 19:34:37 +05'30'