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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. 61236 of 2022
Decided On : 26-12-2022
Bail - Criminal Law - The court allowed the application for bail under Section 439 of Cr.P.C. filed by the applicant who was implicated in a case involving offences punishable under Sections 457 and 380 of IPC. The court directed the release of the applicant on bail with specific conditions.
Fact of the Case:
The applicant was implicated in a case involving offences punishable under Sections 457 and 380 of IPC, wherein it was alleged that some unknown persons had broken into the complainant's house and stolen golden and silver ornaments along with cash. The applicant had been in custody since 03/11/2022.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the application for bail considering the facts and circumstances. The court directed the release of the applicant on bail with specific conditions, including furnishing a personal bond and surety, marking presence before the concerned police station, and compliance with the provisions of Section 437(3) Cr.P.C.
Issues: The main issue was the grant of bail to the applicant who had been implicated in the aforementioned offences.
Ratio Decidendi: The court considered the facts and circumstances of the case, the duration of custody, and the applicant's role as the sole bread earner of his family in allowing the application for bail.
Final Decision: The court allowed the application for bail and directed the release of the applicant on bail with specific conditions. The order would remain effective till the end of the trial, but would be cancelled in case of bail jump or breach of any pre-condition of bail.
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.123/2022, 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 broken the lock of 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. He 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.
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
The court's decision to grant bail was influenced by the absence of criminal antecedents against the applicant, the lack of recovery and allegations against the applicant for causing injury to the in....
Grant of bail based on lack of legal evidence, absence of criminal antecedents, and the prolonged trial process.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court has the discretion to grant bail based on the circumstances of the case and the arguments presented, without commenting on the merits of the case.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
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