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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Vishal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 16839 of 2022
Decided On : 04-04-2022
JUDGMENT
Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers. This is the applicant's repeat (second) application under Section 439 of CRIMINAL PROCEDURE CODE , 1973, as he / she is arrested in connection with Crime No.937/2020 registered at Police Station Banganga, District Indore (MP) for offence punishable under Sections 392 of INDIAN PENAL CODE , 1860. His earlier bail application, Miscellaneous Criminal Case No.9967/2021 was already allowed by this Court on 23.04.2021.
The applicant is in custody since 14.02.2022.
Counsel for the applicant has submitted that his earlier bail application, Miscellaneous Criminal Case No.9967/2021 was already allowed by this Court on 23.04.2021. However, the applicant did not mark his presence in the trial Court on 04.10.2021 and thereafter on 14.11.2021. However, the applicant has surrendered himself before the trial Court only on 14.02.2022.
Counsel for the applicant has submitted that the applicant was suffering from high grade fever, documents regarding which have also been placed on record. There was no intention to avoid the trial in any manner. Thus, it is submitted that the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer.
Having considered the rival submissions and on perusal of the case diary and the fact that the applicant did not mark his presence before the trial Court on 04.10.2021 and 14.11.2021, as he was suffering from high grade fever, the present application deserves to be allowed.
accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) CRIMINAL PROCEDURE CODE , 1973.
It is also observed that after his release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
all the other pending interlocutory applications, if any, shall stand disposed of.
Certified copy as per rules.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant....
The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court's decision was influenced by the lack of recovery from the applicant, the extended duration of custody, and the fact that bail had been granted to other co-accused in similar cases.
The court considered the settlement of the dispute and the likelihood of a long trial in allowing the bail application.
The completion of three months in custody and the applicant's acquittal in most of the cases were considered as grounds for allowing the bail application.
The court's decision to grant bail was based on the lack of evidence connecting the applicant with the offence and the likelihood of a long trial, as well as the conditions under Section 437 (3) Crim....
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