Back
2022 Supreme(MP) 1206
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Dharu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61268 of 2022
Decided On : 26-12-2022
Subject
Criminal Law - Bail
Act Referred
INDIAN PENAL CODE: S.380, S.457
Headnote
Facts of the case:
The applicant, implicated in a theft case, argues he is innocent and feels he has been falsely accused, with no significant evidence linking him to the crime. He is in custody since the beginning of November 2022, and has a family to support.
Findings of Court:
The application is approved, and bail is granted with conditions set for securing presence in court and reporting to the police station.
Issues: The court addressed the applicant's potential for being wrongfully implicated as well as the implications of the delay in trial.
Ratio Decidendi: The court decided to grant bail after considering the applicant's time in custody, his role as the family's sole breadwinner, and the completion of the investigation without substantial evidence against him.
Result: Application allowed; bail granted.
Ashish Gupta, Advocate, Mukesh Sharma, Advocate
Final Result : Allowed
| Table of Content |
|---|
| 1. details of the crime and applicant's background. (Para 1 , 2) |
| 2. contentions from both parties regarding bail. (Para 3 , 4) |
| 3. court's decision based on facts and material. (Para 5) |
| 4. conditions and outcome of the bail application. (Para 6 , 7 , 8) |
JUDGMENT
Rajendra Kumar (Verma), J. - This is the first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.501/2022, registered at Police Station - Industrial Area, Jaora, District Ratlam (M.P.) for offences punishable under Sections 457 and 380 of IPC. The applicant is in custody since 03/11/2022.
2. As per prosecution story, the allegation against the applicant is that he is involved in the offence wherein some unknown persons have tresspassed the complainant's house and stolen golden and silver ornaments including some cash amount. Accordingly, offence has been registered and after investigation present applicant has been implicated in the offence.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Except some cash amount nothing has been recovered from the possession of the present applicant. Offence is exclusively triable by Judicial Magistrate First Class. Investigation is over and charge sheet has been filed. Applicant is the sole bread earner of his family. He is in custody since 03/11/2022 and conclusion of trial will take sufficient long time. On the aforesaid grounds, prayer is made to release the applicant on bail.
4. On the other hand, learned counsel for the non-applicant/State opposed the prayer and prays for its rejection.
5. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
6. It is directed that the applicant be released on bail on his furnishing a 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 trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. H e shall also mark his presence before the concerned police station on every first and third Saturday of every month between 10:00 AM to 12:00 noon. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
7. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
8. The M.Cr.C. stands allowed and disposed of.
Certified Copy, as per rules.
