Madhya Pradesh High Court
Devardhan Pawar vs The State Of Madhya Pradesh on 4 September, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 4 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 35902 of 2023
BETWEEN:-
DEVARDHAN PAWAR S/O SHIVPRASAD PAWAR, AGED
ABOUT 30 YEARS, OCCUPATION: SERVICE CIVIL LINE
BETUL DISTRICT BETUL (MADHYA PRADESH)
.....APPLICANT
(SHRI ABDUL RAHIM KHAN, LEARNED COUNSEL FOR THE APPLICANT.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION CYBER CELL
DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI V.S.PANWAR, LEARNED P.L. FOR THE STATE.)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.160/2022, Date:-(Not mentioned) registered at P.S.- Cyber Cell Indore (M.P.) for commission of offence punishable under Sections 67 and 67-A of the Information Technology Act, 2000.
2. Prosecution story in short is that on 20.12.2021 applicant had sent some obscene messages and photos to complainant's facebook account.
Signature Not Verified3. Learned counsel for the applicant submits that applicant has not Signed by: AJIT KAMALASANAN Signing time: 04-09-2023 18:40:16 2 committed the offence and has falsely been implicated in the case. FIR was lodged belatedly on 03.10.2022 and applicant has been arrested on 18.07.2023. The offence is punishable upto 5 years and the offence is exclusively triable by the J.M.F.C. Matter is under investigation. Police has not served notice under section 41-A of Cr.P.C. Applicant is in custody since 18.07.2023. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.
4 . Per contra, learned Panel Advocate for the respondent/State has opposed the prayer of the applicant and submits that one case punishable under section 376 of I.P.C. is pending against the applicant therefore, he is not entitled for grant of bail.
5. Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.
6. It is directed that the applicant- DEVARDHAN PAWAR be released on bail upon his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
7. M.Cr.C. stands disposed of, accordingly.
Certified copy, as per Rules.
Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 04-09-2023 18:40:16 3(PRAKASH CHANDRA GUPTA) JUDGE ajit Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 04-09-2023 18:40:16