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Madhya Pradesh High Court

Raju vs The State Of Madhya Pradesh on 12 February, 2020

Author: Virender Singh

Bench: Virender Singh

                               1
     HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
           MISC. CRIMINAL CASE NO.6156 OF 2020
                (Raju vs State of Madhya Pradesh)


Indore, Dated 12.02.2020
       Shri Ashish Gupta and Shri Anupam Chouhan,
learned counsel for the applicant.
       Shri R.K. Pathak, learned public prosecutor for the
non-applicant/State.
       Heard with the aid of case diary.
1.

This is second bail application under Section 439 of the Code of Criminal Procedure, 1973 in Crime No.157/2019 under Sections 392, 294, 323, 341, 506 and 34 of Indian Penal Code, 1860 registered at Police Station- Gogava, District-Khargone.

2. The first application of the applicant was dismissed as withdrawn vide order dated 06.12.2019 passed in MCRC No.50745 of 2019 in the backdrop of criminal record.

3. The ground taken for repeating the bail plea is that co-accused-Mukesh who is having criminal record of four cases and other co-accused-Ramesh who is having five cases registered against him, have been granted bail by the learned trial Court vide order dated 25.01.2020, therefore the applicant be also granted bail.

4. The order dated 25.01.2020 shows that the trial Court has granted bail to co-accused-Mukesh and Ramesh considering that their case is identical to the case of co- accused-Ashok, who has been granted bail by this Court 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.6156 OF 2020 (Raju vs State of Madhya Pradesh) vide order dated 15.11.2019 passed in MCRC No.46561/2019.

5. But the trial Court has missed to consider that this Court, while granting bail to the co-accused-Ashok has considered that earlier only two criminal cases were registered against him and out of them, in one case he has been acquitted and the second case was of trivial nature. He was only punished by fine of Rs.500/- and the fact that the case was belonging to the year 1999. Otherwise also parity with the order of the trial Court cannot be claimed before this Court.

6. The present case is a case of road robbery and the applicant has following criminal record.

S. No. Crime No. Offence Police-Station 1 129/11 34-1(a) of MP Gogawan, District-Khargone Excise Act, 1915. (MP) 2 55/2012 -do- -do-

3 69/2012 -do- -do-

4 383/2013 -do- -do-

5 87/2016 -do- -do-

6 143/2016 -do- -do-

7 51/2005 435 of IPC -do-

7. After going through the facts and circumstances of the case, this Court does not find any reason to allow the present application, therefore the application is dismissed.

8. However, the Sessions Judge, Mandleshwar, is directed to go through the record carefully as well as the 3 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.6156 OF 2020 (Raju vs State of Madhya Pradesh) order passed by this Court dated 15.11.2019 in respect of co-accused-Ashok in MCRC No.46561/2019, which the trial Court has used to consider parity in respect of accused Mukesh and Ramesh and submit a report within fifteen days to the Principal Registrar, High Court, Indore Bench, who shall place the same before this Court on administrative side.

9. With the aforesaid, this second application stands dismissed.

(VIRENDER SINGH) JUDGE Arun/-