Madhya Pradesh High Court
Jamshed @ Mistry Khan vs The State Of Madhya Pradesh on 28 July, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-30819-2021
The High Court Of Madhya Pradesh
MCRC-30819-2021
(JAMSHED @ MISTRY KHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 28-07-2021
Heard through Video Conferencing.
Shri D.K. Singrore, learned counsel for the applicant.
Shri V.K Sharma, learned Panel Lawyer for the respondent/State.
Heard with the aid of case diary.
This is third bail application filed under section 439 Cr.P.C. for grant o f bail. Applicant Jamshed @ Mistry Khan was arrested on 24.09.2019 in Crime No.386/2019 registered at Police Station Mandla, District Mandla for the offence punishable under Section 457, 427 & 380 of IPC.
The first bail application of the applicant was dismissed on merit by this Court vide order dated 3/7/2020 passed in M.Cr.C.No.7778/2020 and second bail application of the applicant was dismissed as withdrawn with the direction to the trial court to dispose of the case as early as possible preferably within a period of four months by this Court vide order dated 1/3/2021 passed in M.Cr.C.No.888/2021.
As per prosecution case, in the intervening night of 22-23/09/2019, the applicant and other co-accused persons stole the money, from two ATM machines located at Bineka Tiraha, Mandla, and Badi Kheri after cutting the ATM machines by the gas cutter. On 24.09.2019 police arrested the applicant and seized Rs1,20,000/- from the possession of applicant.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused, implicated the applicant in the crime, while memorandum of co-accused is not admissible in evidence against the applicant without other evidence. Charge sheet has been filed. Applicant has been in custody since 24.09.2019 and the conclusion of trial will take time, Signature Not Verified SAN hence prayed for release of the applicant on bail.
Digitally signed by VARSHA SINGH Date: 2021.07.28 17:33:29 IST2 MCRC-30819-2021 Learned counsel for the State opposed the prayer and submitted that applicant committed theft from two ATM machines after cutting those machines by gas cutter. Earlier one bail application of the applicant was rejected on merit by this Court vide order dated 3/7/2020 passed in M.Cr.C.No.7778/2020, thereafter there has been no change in circumstances.
So, applicant should not be released on bail.
Earlier one bail application of the applicant was rejected on merit by this Court vide order dated 3/7/2020 passed in M.Cr.C.No.7778/2020, thereafter, there has been no change in circumstances. It is alleged that the applicant who is resident of Haryana was arrested by the police from Mandla next day of the incident and police also seized Rs.1,20,000/- from the possession of applicant. So looking to the allegation, this Court is not inclined to grant bail to the applicant at this stage.
Hence, the M.Cr.C. is rejected.
However, it appears from the record that applicant is in custody since 24/9/2019 and the trial is still pending, therefore, it is expected from the trial Court to dispose of the case as early as possible preferably within a period of four months from the date of receipt of the copy of this order.
Office is directed to send the copy of this order to the concerned Court for information and necessary compliance. Learned trial Court is also directed to send progress report of the trial every month to the Principal Registrar (J-II).
(RAJEEV KUMAR DUBEY) JUDGE VS Signature Not Verified SAN Digitally signed by VARSHA SINGH Date: 2021.07.28 17:33:29 IST