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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Satyendra Kumar Singh, J.
Lakhan S/o Nathuji – Appellant
Versus
State of Madhya Pradesh Station – Respondent
Miscellaneous Criminal Case No.7709 of 2022
Decided On : 11-02-2022
Bail - Theft - The court granted bail to the applicant based on the nature of the stolen property and the circumstances of the case.
Fact of the Case:
The applicant was arrested for theft and was seeking bail. The prosecution alleged that the applicant, along with a co-accused, entered the houses of two individuals and stole cash and silver ornaments.
Finding of the Court:
The court considered the nature of the stolen property, the circumstances of the case, and the criminal antecedents of the applicant. Without commenting on the merits of the case, the court granted bail to the applicant.
Issues: The main issue was whether the applicant was entitled to bail given the allegations against him and his criminal antecedents.
Ratio Decidendi: The court considered the nature of the stolen property and the circumstances of the case in granting bail to the applicant.
Final Decision: The court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond and a solvent surety.
JUDGMENT
Satyendra Kumar Singh, J. - 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 11.12.2021 in connection with Crime No.703/2021 registered at Police Station Khacrod District Ujjain (M.P.) for commission of offence punishable under Sections 457 and 380 of IPC.
Prosecution story, in brief is that in the intervening night of 14th-15th October, 2021, applicant alongwith co-accused Karan entered into the house of the complainant- Suneel and stolen an amount of Rs.5,000/- cash alongwith silver ornaments from his possession. It is also alleged that at that time applicant alongwith other co-accused person also entered into the house of the Radhesyam and stolen an amount of Rs.10,000/- cash from his possession.
Learned counsel for the applicants submits that applicant has been falsely implicated in the matter only because other criminal cases for the similar type of offence have been registered against him wherein he has been enlarged on bail. He is in custody since 11.12.2021. Charge-sheet has been filed. 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 supporting the order impugned with the submission that stolen property of Rs.600/- alongwith adhar Card of complainant has been seized from the possession of the applicant. He has criminal antecedents and two other criminal cases of similar nature pending against him. Therefore, no case is made out for grant of bail.
Having considered the rival submissions, nature of stolen property i.e. Rs.600/- out of Rs.15,000/- alongwith adhar Card of the complainant recovered from applicant's possession and also considering other facts and circumstances of the case, 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 nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The court granted bail to the applicant based on the ground of parity with a co-accused who had already been enlarged on bail, considering the circumstances of the seizure of the stolen vehicle.
The court may grant bail under Section 439 of Cr.P.C considering the period of custody and the circumstances of the applicant's non-appearance, without commenting on the merits of the case.
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 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....
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
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