Madhya Pradesh High Court
Pawan @ Pappu Giri vs The State Of Madhya Pradesh on 23 November, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-50965-2021
The High Court Of Madhya Pradesh
MCRC No. 50965 of 2021
(PAWAN @ PAPPU GIRI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 23-11-2021
Shri Neeraj Shah, learned counsel for the applicant.
Shri Aman Pandey, learned panel lawyer for the respondent/State.
This is the third bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 06.11.2018 by Police Station Harda District Harda in connection with Crime No.705/2018 for the offence punishable under Sections 302, 201, 120-B/34 of the Indian Penal Code. Earlier bail applications were dismissed on merits vide order dated 27.03.2019 passed in M.Cr.C.No.4717/2019 and order dated 18.03.2020 passed in M.Cr.C.No.20554/2019.
I t is submitted that he has been made accused on the basis of the memo of Section 27 of the other co-accused Prakash. He is having no criminal antecedents. He is in custody since 06.11.2018. In the statement of eye witness Muskan, who is the daughter of the deceased aged about 10 years, she has specifically taken the name of the other co-accused Prakash @ Pipi. The applicant is the first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for bail. On these grounds, he prays for grant of bail.
P er contra, learned counsel appearing for the State has vehemently opposed the prayer for grant of bail and prayed for dismissal of the bail application.
Considering the over all facts and circumstances of the case and looking to the period of custody as well as the fact that there is no specific overt act attributed to the present applicant and also the fact that the applicant is the first offender having no criminal history, this application is allowed. The applicant be released on bail subject to verification of the fact that the Signature Not Verified SAN applicant is the first offender having no criminal history and on Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.24 18:52:22 IST 2 MCRC-50965-2021 furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4 . The applicant shall not involve any other offence, in case the applicants indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7 . If the applicant is found involved in any case except present one, their bail shall stand rejected without any reference to the Court;
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of. Certified copy as per rules.
Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.24 18:52:22 IST3 MCRC-50965-2021 (VISHAL MISHRA) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.24 18:52:22 IST