Madhya Pradesh High Court
Kallu Karade vs The State Of Madhya Pradesh on 22 October, 2018
1 MCRC-41275-2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-41275-2018
(Kallu Karade Vs. State of M.P.)
Gwalior, Dated : 22-10-2018
Shri Mehmood Khan, Counsel for the applicant.
Shri Devendra Chaubey, Public Prosecutor for the
respondent/State.
Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 27/8/2018 in connection with Crime No.408/2017 registered by Police Station Gola Ka Mandir, Lashkar, District Gwalior for offence punishable under Section 392 of IPC and Section 11/13 of the MPDVPK, Act.
It is submitted by the counsel for the applicant that according to the prosecution case, on 5/7/2017 the complainant was returning back alongwith his wife and niece. When he reached in front of his house, then three persons, who had covered their faces came on a motorcycle and snatched the purse from the hand of his niece. A Samsung mobile containing two SIMs and an amount of Rs.650/- were kept in the purse. It is submitted by the counsel for the applicant that according to the prosecution case, an amount of Rs.200/- has been seized from the possession of the applicant and the police has not conducted the test identification parade, although the names of the miscreants were not mentioned in the FIR and they were described as unknown persons. It is further submitted that the trial is likely to take sufficiently long time and there is no 2 MCRC-41275-2018 possibility of his absconding or tampering with the prosecution case. It is further submitted that this Court by order dated 26.09.2018 passed in M.Cr.C. No. 38288/2018 has granted bail to the co-accused Jitendra Tomar.
Per contra, the application is opposed by the counsel for the respondent/State. It is further submitted by the counsel for the State that as per the message received by the police, test identification parade is yet to be conducted.
In reply to the submission made by the counsel for the State, it is submitted by the counsel for the applicant that when the bail application of the co-accused Jitendra was being argued, then after seeking verbal instructions from the Investigating Officer, a statement was made by the counsel for the State that no test identification parade is required to be conducted.
Considering the period of detention, facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2018.10.22 17:45:16 +05'30'