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G. S. AHLUWALIA
Harimohan Rawat – Appellant
Versus
State of Madhya Pradesh – Respondent
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 i
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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