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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Harimohan Rawat – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 16609 of 2022
Decided On : 05-04-2022
Bail - Criminal Law - The court granted bail to the applicant considering the period of detention, lack of criminal antecedents, and without commenting on the merits of the case. The applicant was directed to furnish a personal bond and surety for release.
Fact of the Case:
The applicant filed a third repeat bail application under Section 439 of Cr.P.C. after being arrested in connection with an offense under Section 392 of IPC and Section 11/13 of the MPDVPK act. The previous bail applications were dismissed, and the State opposed the current application citing seized articles and lack of criminal history.
Finding of the Court:
The court allowed the bail application, considering the period of detention and the lack of criminal antecedents of the applicant, without commenting on the merits of the case.
Issues: The issues involved the grant of bail to the applicant, the seized articles, and the lack of criminal history.
Ratio Decidendi: The court considered the period of detention and the lack of criminal antecedents as factors in granting bail to the applicant.
Final Decision: The court directed the release of the applicant on bail upon furnishing a personal bond and surety, with the order remaining effective till the end of trial.
JUDGMENT
G.S. ahluwalia, J. - This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed for want of prosecution by order dated 16/03/2022 passed in MCRC No.11928/2022.
The applicant has been arrested on 10/12/2021 in connection with Crime No.59/2021 registered at Police Station Panihar, District Gwalior for offence under Section 392 of IPC and Section 11/13 of the MPDVPK act.
It is submitted by the counsel for the applicant that the first bail application was dismissed by order dated 14/01/2022 passed in MCRC No.1947/2022 on the statement made by the counsel for the State that the Test Identification Parade is going to be held on 16/01/2021 and the second bail application of the applicant was dismissed for want of prosecution by order dated 16/03/2022 passed in MCRC No.11928/2022. It is submitted that it is true that the applicant has been identified in the TIP and some of looted articles have also been seized from his possession but the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that two unknown persons have looted the complainant and took away her gold Mangalsutra and one bag and box containing silver anklets and Bichiya as well as mobile phone and also mobile phone of her son Rohit. It is submitted that silver Bichiya and anklets, one mobile phone as well as one .315 bore country made pistol with one live cartridge have been seized from the possession of the applicant and the articles have also been identified. However, it is fairly conceded that as per the case diary, the applicant has no criminal history.
Considering the period of detention as well as considering the fact that the applicant has no criminal antecedents and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court considered the length of detention, likelihood of a lengthy trial, absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a....
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The completion of investigation, filing of charge-sheet, and the requirement for the applicant to be present during trial are crucial factors in considering a bail application.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
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.
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