Madhya Pradesh High Court
Pavan Kumar Saini vs The State Of Madhya Pradesh on 14 October, 2014
1
Pawan Kumar Saini Vs. State of M.P.
M.Cr.C. No. 8102/2014
14.10.2014
Shri, M. Kulshreshtra, Advocate for the applicant.
Shri R.P. Rathi, Public Prosecutor for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail after rejection of first bail application which was dismissed as withdrawn without consideration on merits vide order dated 19/08/2014 passed in MCRC No. 5940/2014. The applicant has been arrested by Police Station Jhansi Road, District Gwalior in connection with Crime No. 248/2014 registered in relation to the offence punishable u/Ss. 419, 420, 467, 468, 471, 120-B of IPC and section 3/4 of Examination Adhiniyam.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Considering the facts that applicant is in custody since 22.06.2014 and the charge sheet has since been filed where allegation against the applicant is of forgery and cheating to the extent of impersonation in the examination of Postal Assistant conducted on 22.06.2014, the applicant was found appearing in the examination on the place of some other candidate. The photograph on the admit card did not tally with the face of the applicant, but the factum of cheating and forgery is yet to be established and since investigation stands 2 Pawan Kumar Saini Vs. State of M.P. M.Cr.C. No. 8102/2014 completed, it would not serve any purpose to keep the applicant in custody any more and trial is not likely to conclude in the near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court, is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties, each of Rs.50,000/-, to the satisfaction of the concerned 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 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.
(Sheel Nagu) Judge SD