Madhya Pradesh High Court
Mahaveer @ Kallu vs The State Of Madhya Pradesh on 1 November, 2018
1 M.Cr.C.40224/2018
Mahaveer alias Kallu Vs. State of M.P.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.40224/2018
Mahaveer alias Kallu Vs. State of M.P.
Gwalior, Dated: 01.11.2018
Shri Samar Ghuraiya, learned counsel for the
applicant.
Shri Shiraz Qureshi, learned Public Prosecutor for
respondent/State.
In relation to this Court's order dated 22.10.2018, learned Public Prosecutor intimates that as alleged by the applicant in his bail application in relation to Crime No.53/2005 and Crime No.71/2006, closure reports have been submitted and in relation to Crime No.4/2005, present applicant Mahaveer alias Kallu is not an accused.
Appearing counsel for the parties heard on alleged fourth (repeat) regular bail application filed on behalf of the applicant under Section 439 of Cr.P.C. before this Court in relation to Crime No.38/2018 registered at Police Station Ghatigaon, District Gwalior in reference to offences punishable under Section 393 of the IPC, Section 25/27 of the Arms Act and 11/13 of the M.P.D.V.P.K Act and the case diary and therein annexed a chart in relation to previous registered crimes against the present applicant are perused.
Applicant was arrested on 08.03.2018 and his first regular bail application was dismissed as withdrawn by this Court on 28.05.2018 and his second and third regular bail applications were dismissed on merits on 22.06.2018 and 24.04.2018 respectively by this Court, whose 2 M.Cr.C.40224/2018 Mahaveer alias Kallu Vs. State of M.P. certified copies are annexed with this bail application under consideration.
Appearing counsel for the applicant contends that all the co-accused persons have been granted benefit of regular bail by different orders passed by this Court and previous applications of the applicant were dismissed by this Court mainly on the ground that including this crime in total 10 crimes were registered against him, but it is submitted that in relation to three crimes, Criminal Case No.92/2010 by JMFC Jora, District Morena decided on 08.09.2017, Criminal Case No.99/2009 decided on 26.11.2014 and Special Case No.23/2010 decided on 31.10.2017 by Special Judge (MPDVPK Act) Morena, he has been acquitted and one alleged Istagasa No.5/2008 was regarding Section 41 and 110 of the Cr.P.C.. Another Criminal Case relating to Crime No.75/2008 for offences under Section 25/27 of the Arms Act is pending against applicant and both prosecution witnesses, examined of this crime before the trial Court, were declared hostile by the prosecution and as they have not supported the prosecution's version and in relation to previously registered crimes, which were relating to serious offences, applicant has been acquitted, therefore, it is submitted that total description of 10 crimes is presently available and his case is not more serious than co-accused persons, to whom benefit of regular bail has been granted by this Court and co-accused Sonu, who was allegedly caught hold on spot with present applicant, has also been granted benefit of regular bail therefore, it is prayed that benefit of regular bail be given to the applicant as now total description regarding all previous registered crimes is available before 3 M.Cr.C.40224/2018 Mahaveer alias Kallu Vs. State of M.P. the Court.
Per contra, the above mentioned prayer has been strongly opposed by learned Public Prosecutor on the grounds that previously on two occasions applicant's bail applications were dismissed on merits, but it is fairly admitted that other co-accused persons have been granted benefit of regular bail and presently, against the applicant only two criminal cases relating to two crimes, one regarding offence of Section 25/27 of the Arms Act and the present one are pending and in all other previously registered crimes, he has been acquitted or final reports (Khatma) have been submitted after investigation.
Having heard the rival contentions raised by the counsel for the parties, without commenting on the merits of the case, as now the detail is available in the case diary regarding previously registered all crimes against the present applicant and except above- mentioned two crimes, in relation to other crimes either applicant has been acquitted or closure report has been submitted and in one crime he is not an accused, and his case does not appears more serious than Sonu to whom benefit of regular bail has been granted by this Court on 24.08.2018, therefore, the case of present applicant, his case appears fit for granting him benefit of regular bail. Hence, this fourth (repeat) application filed under Section 439 of the Cr.P.C. is allowed and it is ordered that the applicant - Mahaveer alias Kallu be released on bail on his furnishing a personal bond in the sum of Rs.60,000/- (Rupees Sixty Thousand only) with two solvent 4 M.Cr.C.40224/2018 Mahaveer alias Kallu Vs. State of M.P. sureties of the like amount to the satisfaction of Special Judge (MPDVPK Act) Gwalior for his regular appearance before the Court concerned on fixed dates, keeping in view his previous history, on compliance of following conditions:-
1. The applicant shall not commit any other offence in future.
2. He shall not try to influence prosecution witnesses by any manner.
3. On breach of any of the condition imposed or the prosecution shall be free to apply for cancellation of bail before the competent Court.
Case diary be returned.
Certified copy as per rules.
Ashish* (Ashok Kumar Joshi)
Judge
ASHISH
CHOURASIYA
2018.11.01
18:05:17
+05'30'