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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Salman – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.10011 of 2022
Decided On : 24-02-2022
Bail - Criminal Law - The court granted bail to the applicant under Section 439 of Cr.P.C. despite serious charges of assault and sheltering offenders, considering the nature of the accusation and the lack of criminal antecedents of the applicant.
Fact of the Case:
The applicant filed for bail under Section 439 of Cr.P.C after being arrested for serious offences including assault and sheltering offenders. The prosecution alleged that the applicant assisted co-accused persons with money and shelter to save them from legal punishment.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant upon considering the nature of the accusation and the lack of criminal antecedents of the applicant.
Issues: The main issue was whether the applicant was entitled to bail despite serious charges of assault and sheltering offenders.
Ratio Decidendi: The court considered the nature of the accusation and the lack of criminal antecedents of the applicant in granting bail.
Final Decision: The application for bail was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and complying with the provisions of Section 437 (3) of Cr. P. C.
JUDGMENT
Satyendra Kumar Singh, J. - With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 03.02.2022 in connection with Crime No.33/2022 registered at Police Station Sanyogitaganj, District Indore (M.P.) f o r commission of offence punishable under Sections 307, 294, 506, 212, 216 and 34 of IPC alongwith Sections 25 and 27 of the arms act.
Prosecution story, in brief is that on 22.01.2022, at about 1.00 PM, co-accused persons namely, Salmanlala, Imranlala, Chand and two other persons came on the spot and assaulted complainant's brother Saddam with gun short fire, due to which he fell down and died. During investigation, it was found that applicant knowing the fact that co-accused persons are offenders, assisted them with money and also gave shelter to them with an intent to save them from legal punishment.
Learned counsel for the applicant submits that applicant has falsely been implicated in the matter. Offences alleged against him are bailable in nature. He further submits that present applicant Salman S/o Mohd. Ishaq is different from main accused Salamanlala. applicant has no criminal antecedents and is in custody since 03.02.2022. Investigation and trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.
Learned Panel Lawyer for the non-applicant - State has opposed the application and prays for its rejection.
Having considered the rival submissions, nature of accusation made against the applicant coupled with the facts produced on record against him, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This application is allowed and stands disposed of.
Certified copy, as per Rules.
The court may grant bail to an applicant based on the nature of the accusation and the lack of criminal antecedents, without commenting on the merits of the case.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
The decision emphasizes the importance of evidence connecting the accused to the crime, the right to bail, and the consideration of trial duration and public health concerns in granting bail.
The court considered the specific circumstances of the case, including the sudden nature of the incident and the extent of the applicant's involvement, in granting bail.
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
Prolonged pre-trial detention is an anathema to the concept of liberty, and bail can be granted based on the overall facts and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
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