Madhya Pradesh High Court
Golu @ Sonu Vishwakarma vs The State Of Madhya Pradesh on 8 June, 2021
Author: Nandita Dubey
Bench: Nandita Dubey
1 MCRC-19746-2021
The High Court Of Madhya Pradesh
MCRC-19746-2021
(GOLU @ SONU VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-06-2021
Heard through Video Conferencing.
Shri Anuj Singh, learned counsel for the applicant.
Shri Shailendra Mishra, learned Panel Lawyer for the respondent/State.
This is repeat (2nd) bail application filed by the applicant under Section 439 of the Cr.P.C. His earlier bail application M.Cr.C.No.40712/2020 was dismissed as withdrawn vide order dated 05.01.2021.
The applicant has been arrested by Police Station Ashok Garden, District Bhopal in connection with Crime No.355/2020 registered in relation to the offences punishable under Sections 454, 380 & 482 of IPC.
Allegation against the present applicant is that he committed robbery in the house of the complainant. It is alleged that gold and silver articles and cash were recovered from the possession of the applicant and on the basis of the memorandum, these articles were also identified by the complainant.
Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. He is in custody for nearly 10 months and the trial is going to take long time conclude, hence, the applicant may be enlarged on bail.
Learned Panel Lawyer, on the other hand, has opposed the bail application stating that the applicant is having criminal antecedents, however, it is conceded that all criminal cases were recorded in the same year.
Considering the aforesaid facts and circumstances and the custody period undergone by the present applicant, however, without adverting on the merits of the case, this application is allowed. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates Signature Not Verified SAN given by the concerned Court.
Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.06.08 17:05:50 IST2 MCRC-19746-2021 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 himself,
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5. The applicant will not seek unnecessary adjournments 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 learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.
Certified copy/e-copy as per rules/directions.
(NANDITA DUBEY) JUDGE Signature Not Verified SAN sj Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.06.08 17:05:50 IST 3 MCRC-19746-2021 Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.06.08 17:05:50 IST