Madhya Pradesh High Court
Dheriya @ Teriya Barde vs The State Of Madhya Pradesh on 24 June, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 24th OF JUNE, 2022
MISC. CRIMINAL CASE No. 30125 of 2022
Between:-
1. DHERIYA @ TERIYA BARDE S/O LATE
BHAVSINGH BARDE,
AGED ABOUT 30 YEARS,
OCCUPATION: LABOUR
R/O. NAVADIYA FALIYA
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
2. PALIYA DEVKA S/O JUWANSINGH DEVKA,
AGED ABOUT 30 YEARS,
OCCUPATION: LABOURER
R/O. AGLA FALIYA
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
3. KALU DEVKA @ LALU S/O AMARSINGH DEVKA,
AGED ABOUT 30 YEARS,
OCCUPATION: FARMER
R/O. AGLA FALIYA
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
4. ANIL S/O DHULSINGH BAMANIYA, AGED
ABOUT 20 YEARS,
OCCUPATION: FARMER
R/O. AGLA FALIYA
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
5. SAMU @ SHYAMU DAWAR @ SHYAM S/O
DURSINGH DAWAR,
AGED ABOUT 23 YEARS,
OCCUPATION: FARMER
R/O. PACHLA FALIYA,
GRAM KHAIRKUNDI
DIST.:KHARGONE, (MADHYA PRADESH)
Digitally signed by SUMATHI
6. NARIYA DEVKA S/O HABU DEVKA,
AGED ABOUT 24 YEARS,
JAGADEESAN
SUMATHI
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH INDORE,
ou=JUDICIAL, postalCode=452001,
OCCUPATION: LABOURER
st=Madhya Pradesh,
JAGADEE
2.5.4.20=2c031063fea95cabb51a5432
c9ce6df4c49ae556251c6a1b1fca11a8
6643b2a2,
pseudonym=BEF252392AFC4F748B6F
SAN R/O. AGLA FALIYA
8C1E18D805F7FACD91F2,
serialNumber=28E58B6FE482FD4DF2
469FAAFF13E836178C3C81533BF4D0
F8641FFAB3DD337B, cn=SUMATHI
JAGADEESAN
Date: 2022.06.24 17:38:35 +05'30'
2
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
7. PRAKASH DEVKA S/O HABU DEVKA,
AGED ABOUT 24 YEARS,
OCCUPATION: LABOURER
R/O. AGLA FALIYA
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
8. DASHARIYA BAMANIYA S/O DHULSINGH
BAMANIYA,
AGED ABOUT 30 YEARS,
OCCUPATION: FARMER
R/O. AGLA FALIYA
GRAM KHAIRKUNDI
DIST.:KHARGONE (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI VIVEK SINGH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION BISTAN
(PASHCHIM NIMAR)
DIST.:KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJESH JOSHI, LEARNED GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is second application under Section 439 of Criminal Procedure Code, 1973, filed by the applicants for grant of bail during trial.
T he applicants are facing trial in connection with Crime No.323/2021 registered at Police Station-Bistan, District-Khargone, concerning offence under Sections 394, 395, 201 /34 of IPC, 1860. The applicant is in jail since SUMAT Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF HI MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5 04.09.2021. Earlier application was dismissed as withdrawn vide order dated 432c9ce6df4c49ae556251c6a1b1f JAGAD ca11a86643b2a2, pseudonym=BEF252392AFC4F74 10.02.2022 passed in M.Cr.C. No.57224/2021. 8B6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4 DF2469FAAFF13E836178C3C8153 EESAN 3BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.06.24 17:39:03 +05'30' 3 Allegation against the applicants is that they stopped truck bearing No.PB04AB7792 by placing iron rod on the road and pelting stones, thereafter they looted Rs.19,000/- cash, one mobile phone, a silver pendant and silver ring from the complainants and assaulted them. On the basis of which offence was registered against the accused persons.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present crime. Investigation is over and charge sheet has been filed. There is only seizure of cash /notes from the applicants, which is not an identifiable article. Applicants have no criminal antecedents. The applicants are in custody since 04.09.2021 and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicants.
Learned Govt. Advocate opposed the application, however, he fairly conceded that there is no criminal antecedents against the applicants.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicants/accused persons be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the concerned Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicants shall comply with the provisions of Section 437(3) Cr.P.C.
SUMA Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH By way of abundant caution, it is further directed that the applicants shall INDORE, ou=JUDICIAL, THI postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51 a5432c9ce6df4c49ae556251c6a JAGAD 1b1fca11a86643b2a2, pseudonym=BEF252392AFC4F7 48B6F8C1E18D805F7FACD91F2, also mark their presence in the concerned police station on first and third serialNumber=28E58B6FE482FD 4DF2469FAAFF13E836178C3C8 EESAN 1533BF4D0F8641FFAB3DD337B , cn=SUMATHI JAGADEESAN Date: 2022.06.24 17:40:08 +05'30' 4 Saturday of the month between 10.00 am to 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicants in custody immediately.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE sumathi SUMAT Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, HI ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a543 2c9ce6df4c49ae556251c6a1b1fca11 JAGAD a86643b2a2, pseudonym=BEF252392AFC4F748B 6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF 2469FAAFF13E836178C3C81533BF4 EESAN D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.06.24 17:40:31 +05'30'