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Madhya Pradesh High Court

Piyush Mirdha vs The State Of Madhya Pradesh Thr on 2 July, 2018

                                  1              MCRC No. 23386/2018


         THE HIGH COURT OF MADHYA PRADESH
                    MCRC-23386-2018
             (Piyush Mirdha Vs. State of M.P.)

Gwalior, Dated : 02.07.2018
      Shri Prem Singh Bhadoriiya, counsel for the appellant.
      Shri   R.K.    Awasthi,    Public   Prosecutor     for    the
respondent/State.

Case diary is available.

This is second application filed under Section 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn by order dated 24.05.2018 passed in MCRC No. 12778/2018 with liberty to file afresh along with the order of Advisory Board.

The applicant has been arrested on 16.11.2017 in connection with Crime No.79/2017 registered by Police Station

- Barohi District Bhind for the offence punishable under Sections 307/34 of IPC and Section 25, 27 of Arms Act.

The applicant has placed the order of District Magistrate, Bhind, from which it is clear that the proceedings under NSA Act have also come to an end.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant caused gunshot injury to the injured Ku. Nitika. It is submitted that the applicant is in jail from 16.11.2017 and more than seven months have passed. Proceedings, which were initiated against the applicant under NSA Act, have also come to an end. The applicant undertakes to abide by any condition, which may be imposed by this Court and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the State counsel that the applicant has a criminal history.

Considering the period of detention, facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the S.H.O. Police Station Barohi District Bhind on 1 st and 15th of every month during the pendency of the trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2018.07.03 10:19:16 +05'30'