Madhya Pradesh High Court
Rinku vs The State Of Madhya Pradesh on 6 August, 2015
MCRC-13055-2015
(RINKU Vs THE STATE OF MADHYA PRADESH)
06-08-2015
Shri B.J. Chourasiya, learned counsel for the applicant.
Smt. Shobhana Sharma, learned Panel lawyer, for the respondent/
State.
Arguments heard.
Perused case diary and material on record. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C in Criminal Case No. 928/2012 State of M.P. Vs. Rinku, arising out of Crime No.69/2012 registered at Police Station Kotwali Chattarpur, pending on the file of Smt. Vandana Tripathi, Judicial Magistrate First Class, Chattarpur under Sections 457 and 380 of the IPC.
Upon the perusal of the impugned order dated 27.7.2015 passed by the Sessions Judge, Chattarpur in Bail Application No.570/2015 Rinku Vs. State of M.P., the applicant had not appeared on 28.2.2015 in the aforesaid Court at the time of trial of the case. As a result, the Trial Court cancelled his bail and issued a non-bailable warrant of arrest. After the execution of it, the applicant has been in jail since 20.7.2015.
Learned counsel for the applicant submits that the applicant had fallen ill on 18.2.2015 and he could not inform his illness to his advocate. It is also submitted by him that in future, the applicant will co-operate the trial court in the trial of the case. It is also submitted by him that the trial of the case will take long time to conclude. Upon these submissions learned counsel prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the prayer .
On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail. Hence, the application is allowed. It is ordered 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 solvent local surety in the like amount to the satisfaction of the trial court for his appearance on all dates as may be fixed by it in this regard. He shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the Court concerned will have power to cancel the applicant's bail.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE