Madhya Pradesh High Court
Kailash Pal vs The State Of Madhya Pradesh on 6 August, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-20851-2020
The High Court Of Madhya Pradesh
MCRC-20851-2020
(KAILASH PAL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-08-2020
Heard through Video Conferencing.
Shri Ashok Kumar Chakravarti, learned counsel for the applicant.
Shri Punit Shroti, learned Panel Lawyer for the respondent/State.
Heard with the aid of case diary.
This is the first bail application filed under Section 439 Cr.P.C. for grant of bail. Applicant Kailash Pal was arrested on 25/08/2019 in connection with Crime No.227/2019 registered at Police Station Junnardeo, District Chhindwara for the offence punishable under Section 457, 427 & 380 of IPC and Section 3, 4 of the Prevention of Damage to Public Property Act.
As per prosecution case, in the intervening night of 23-24/07/2019, the applicant and other co-accused Ravi, Tahir, Shakib, Vasim, Raies, Iklakh and Saddam stole a sum of Rs.45,30,700/- from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Market, Junnardeo after cutting the ATM machines by the gas cutter. Police arrested the applicant on 25/08/2019 and seized Rs.3,20,000/- from the possession of the 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. The applicant has been in custody since 25/08/2019 and the conclusion of the trial will take time, hence prayed for the release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the applicant committed theft from two ATM machines after cutting those machines by gas cutter. Police seized Rs.3,20,000/- from the possession of Signature Not Verified SAN the applicant. Other offences are also registered against the applicant. So, he Digitally signed by ANURAG SONI Date: 2020.08.07 13:53:01 IST 2 MCRC-20851-2020 should not be released on bail.
Looking to the allegation that the applicant alongwith other co-accused stole a sum of Rs.45,30,700/- from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Market, Junnardeo after cutting the ATM machines by the gas cutter and Police seized Rs.3,20,000/- from the possession of applicant and the fact that other offences are also registered against the applicant, this Court is not inclined to grant bail to the applicant at this stage.
Hence, the M.Cr.C. is rejected.
(RAJEEV KUMAR DUBEY) JUDGE as Signature Not Verified SAN Digitally signed by ANURAG SONI Date: 2020.08.07 13:53:01 IST