VISHAL MISHRA
Sunil Jain – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Vishal Mishra, J.
1. Heard on I.A. No. 1989/2021, an application under Section 301(1) of Cr.P.C. for assisting the PL during hearing of the matter. For the reasons mentioned therein, the same is hereby allowed.
2. Learned counsel for the complainant is permitted to assist the PL during hearing.
3. Learned counsel for the rival parties are heard.
4. This is first bail application u/S. 438 Cr.P.C. filed by the applicant for grant of bail.
5. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.
6. The applicant is apprehending his arrest in connection with Crime No. 10/2021, registered by police station Huzrat Kotwali, District Gwalior, in relation to the offences punishable under Sections 420, 467 and 468 of IPC.
7. It is the submission of learned counsel for applicant that applicant has falsely
The possession of the property by the complainant for a significant period without raising any complaint influenced the Court's decision in allowing the bail application.
Prolonged pre-trial detention is against the concept of liberty and can be a basis for granting bail.
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.
Court allows bail application due to lack of injuries and delayed FIR in a matrimonial case.
The court established that under Section 439 Cr.P.C., bail may be granted when the duration of custody is excessive and the trial is expected to take a significant amount of time.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.