Madhya Pradesh High Court
Satyapal Singh vs The State Of Madhya Pradesh on 12 September, 2014
1 M.Cr.C.No.8109/2014
Satyapal Singh Vs. State of M.P.
12/9/2014
Mr. D.R.Sharma, Advocate for the applicant.
Mr. Pramod Pachori, Public Prosecutor for the respondent/
State.
Heard.
Perused the case diary This is second application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.99/2013 registered at Police Station, Saraichhola, District Morena, for the offence punishable under Sections 328, 392 of IPC read with Sections 11/13 of the MPDVPK Act. The first application (M.Cr.C.No.963/2014) has been dismissed vide order dated 3.4.14.
It is alleged that the complainant was going to attend a marriage at Morena alongwith his wife and son. When they reached the bus stand, one car came there and stopped. Driver asked the complainant as to where he wants to go, then he said that they are going to Morena. Then driver asked to sit in the car and said that he will leave him at Morena. When the car reached near Devpuri Baba, driver gave Prasad to the complainant and his family. They consumed Prasad. When they were going towards Morena, then the driver stopped the vehicle near a shop and offered cold drink to them. After drinking cold drink, the complainant and his family became unconscious. They regain their consciousness and informed the police that one credit card, 2 M.Cr.C.No.8109/2014 two pairs of Mangalsutra, one pair of earing, two rings and some jeweleries of silver were robbed.
Learned counsel for the applicant submits that after rejection of the first application (M.Cr.C.No.963/14), no progress has been made in trial. The applicant is in custody for about one year. The trial is likely to take time. Hence, prayed for bail.
The prayer is opposed by learned Public Prosecutor. Considering the allegation against the applicant, coupled with the fact that applicant is in custody for about one year and in similar case Crime No.281/13 the applicant has been acquitted by the Sessions Judge, Dholpur (Rajasthan) vide judgment dated 8.5.14 passed in S.T.173/13, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.
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 him;
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 3 M.Cr.C.No.8109/2014 disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
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.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(D.K.Paliwal) Judge ms/-