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MADHYA PRADESH HIGH COURT,
JABALPUR
P.N.S. Chouhan, J.
Santu- Applicant
versus
State of M.P. - Respondent
M. Cr.C.No. 1817 of 1992
Decided on 1.7.1992

Advocates:
Counsel for the parties:
For the Applicant: Mr. S.L. Kochar.
For the Respondent: Mr. P.C. Paliwal.

Headnote:Indian Penal Code, 1860 - Sections 302, 201/120B/109. Arms Act, 1959 - Section 25/27 - Several accused arrested - Code of Criminal Procedure, 1973 - Section 439 - Application for bail by one accused (petitioner) - Co-accused's confessional statement cannot be considered against present accused - Whether petitioner deserves to be released on bail? (Yes). (Para 3)

       Result: Application allowed.

       

ORDER

P.N.S. Chauhan, J. - The prayer for urgent hearing is allowed.

2. Final Arguments heard.

3. On 21.9.1992, dead body of Mallu was found. He died of gun shot wounds. The case of the prosecution is that the present applicant and two others committed his murder. The evidence against the present applicant is the confessional statement of one of the co-accused which cannot be considered usable evidence against the applicant.

4. Prayer for bail is allowed.

5. The applicant is ordered to be released on bail of Rs. 10,000/- (Rs. Ten thousand only) with one surety in the like amount to the satisfaction of C.J.M. Chhatarpur, for his appearance before the trial Court on all dates of hearing of the case till its decision.

6. C.C. on payment.

Application allowed.

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