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G. S. AHLUWALIA
Deepak Singh Alias Langda – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 16.12.2021 in connection with Crime No.338/2021 registered by Police Station Gormi Distt. Bhind for offence punishable under Sections 25/27 of arms act.
It is submitted by the Counsel for the applicant that according to the prosecution case, one .315 bore country made pistol along with live cartridges was seized from the possession of the applicant. The applicant has been falsely implicated. In view of criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by this Court including that of furnishing cash surety. The applicant is in jail for the last two months. 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 as many as nine more criminal cases including offence under Section 307 of IPC have been registered against the applicant.
Considering the period of detention as well as criminal history app
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
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....
Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail under Section 439 of Cr.P.C. considering the period of detention, criminal history of the applicant, and readiness to furnish cash surety.
Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the period of detention, absence of the accused's possession of the incr....
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.
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