Madhya Pradesh High Court
Pankaj @ Raja Rai vs The State Of Madhya Pradesh on 21 January, 2016
MCRC-19364-2015
(PANKAJ @ RAJA RAI Vs THE STATE OF MADHYA PRADESH)
21-01-2016
Smt. Indu Pandey, learned counsel for the applicant.
Shri Ajay Shukla, learned Public Prosecutor for respondent/
State.
Heard.
This is repeat bail application filed by the applicant under Section 439 of Cr. P. C. for grant of bail, as he has been arrested on 28.02.2015, in connection of Crime No. 09/2015, registered at P. S. Mahuljhir, district Chhindwara for commission of offence punishable under Sections 394, 107/34 of IPC.
The earlier application was dismissed 6.7.2015, in M.Cr.C. No. 10578 of 2015 after considering merits of the case.
It is submitted by learned counsel for the applicant that subsequent to passing the order of this court another co- accused Suresh Kumar Rai has been enlarged on bail. Copy of the order vide dated 5.10.2015 passed in M.Cr.C. No. 16609 of 2015 has been filed.
The allegation against the present applicant is that some property of the robbery was handed over to the present applicant. From the possession of the applicant the property of value of Rs.5000/- has been seized. Six persons belonging to the two facilities have been made accused. The applicant is in jail since 28.2.2015. This court passed the following order in the case of Suresh Kumar Rai :-
"Mr. Ranjan Banerjee, counsel for the applicant. Mr. R.N. Yadav, Public Prosecutor for respondent/ State. Mr. Mohd. Izhar, learned counsel for the objector. Heard. This is first application under Section 439 of Cr. P. C. for grant of bail to the applicant, as he has been arrested on 22.5.2015 in connection of Crime No.09/2015, registered at Police Station Mahulihir District Chhindwara for commission of offences punishable under Section 394 of IPC. The complainant in the FIR deposed that two unknown persons had committed robbery and had taken gold and silver ornaments from him. The allegation against the present applicant is that from his possession, the looted property was recovered. It is submitted by the learned counsel for the applicant that the police has registered the case against all family members, present applicant, wife, daughter and son- in-law and friend. The applicant is aged about 58 years. He is in jail since 22.5.2015. Looking to the nature of the case and the fact that the applicant is in jail since 22.05.2015, without expressing any opinion on merits of the matter, application is allowed. It is directed that on furnishing personal bond of Rs.1,00,000/- (Rs. One lacs) along with one solvent surety in the like amount to the satisfaction of the C. J. M. Hoshangabad, the applicant Suresh Kumar Rai, be released on bail. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and; (c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. C. C. as per rules."
Learned Public Prosecutor has opposed the bail application. Looking to the facts and nature of the case, that another co- accused has been enlarged on bail and the fact that there is no allegation that the present applicant had participated in the robbery and he received only looted property and the period of detention of the application, without expressing any opinion on merits of the matter, petition is allowed.
It is directed that on furnishing personal bond of Rs.1,00,000/- (Rs. one lac ) by the applicant along with one solvent surety in the like amount to the satisfaction of the trial Court the applicant Pankaj @ Raja Rai be released on bail.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C. C. as per rules.
(S.K. GANGELE) JUDGE bks