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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Mohanlal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 12444 of 2022
Decided On : 09-03-2022
Bail Application - Offence under Section 392 of IPC and Sections 11/13 of the MPDVPK act - The court allowed the bail application with a cash security and bail bond, emphasizing the need for the applicant to be present during trial.
Fact of the Case:
The applicant was arrested for the offence under Section 392 of IPC and Sections 11/13 of the MPDVPK act, related to a snatching incident on a train. The applicant claimed innocence and sought bail due to the completion of investigation and filing of charge-sheet.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application, emphasizing the need for the applicant to be present during trial and setting a cash security and bail bond requirement.
Issues: Bail application u/S.439 Cr.P.C, innocence of the applicant, completion of investigation, and filing of charge-sheet.
Ratio Decidendi: The court considered the completion of investigation, filing of charge-sheet, and the need for the applicant to be present during trial as key factors in allowing the bail application.
Final Decision: The bail application was allowed, and the applicant was ordered to furnish cash security and bail bond, with the requirement to be present during trial.
JUDGMENT
Deepak Kumar agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
applicant has been arrested on 12.7.2021 by Police Station, G.R.P. BG Gwalior, in connection with Crime No.81/2021 for the offence punishable under Section 392 of IPC and Sections 11/13 of the MPDVPK act.
As per prosecution story, on 4.7.2021 complainant ashok Yadav along with his wife was travelling from Nizamuddin to Sikandarabad by train No.02722 Dakshin Express on berth No.28 of coach No.S-9. When train departed from Datia station, some unknown person snatched gold Mangalsutra of his wife from the window. He lodged a report at GRP police Station, Vidisha. Report was recorded at zero number and thereafter it was transferred to GRP BG Gwalior where Crime No.81/2021 under Section 392 of IPC and Sections 11/13 of the MPDVPK act was registered. Matter was investigated. During investigation, applicant/accused Mohanlal and other accused were apprehended. From the possession of applicant Mohanlal one piece of gold chain has been seized. after investigation, charge-sheet has been filed.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody since 10.7.2021. It is further submitted that co-accused Khem Singh and Kale have been released on bail by this Court. Investigation has been complete and charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the advocates are heard. Case diary perused.
Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/-shall be forfeited without giving any notice.
application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
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.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
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 court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
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