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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Sintu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.7348 of 2022
Decided On : 10-02-2022
Bail - Chain Snatching - The court allowed the bail application of the applicant, who was in jail in connection with a chain snatching case, considering that nothing was recovered from the applicant and the investigation had been completed.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C. as he was in jail in connection with a chain snatching case.
Finding of the Court:
The court allowed the bail application, stating that the applicant was entitled to bail as nothing was recovered from him and the investigation had been completed.
Issues: The main issue was whether the applicant should be granted bail despite being involved in a chain snatching case.
Ratio Decidendi: The court considered the lack of seizure from the applicant and the completion of the investigation as grounds for granting bail.
Final Decision: The court directed the release of the applicant upon furnishing a personal bond and surety, with conditions related to COVID-19 precautions and a warning of automatic cancellation of bail if the applicant is involved in any other case during the trial.
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in jail since 13.11.2021 in connection with Crime No.1403/2021 registered at Police Station Lasudiya, Indore for the offence punishable under Sections 382 and 392 of IPC.
Learned counsel for applicant submits that nothing has been recovered from the possession of applicant. It is stated that snatched chain has been recovered from the possession of co-accused Krishna. It is further submitted that applicant is in jail since 13.11.2021. Investigation is over and chargesheet has been filed. In these circumstances the applicant be released on bail.
Learned Panel Lawyer opposed the application by submitting that as per memorandum under section 27 of Evidence act, it is admitted that applicant was part of the group of persons who were involved in chain snatching.
However, taking into consideration that there was no seizure from the applicant and investigation has already been completed, I am of the opinion that applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant-Sintu shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the learned Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTaGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
a typed copy of this order is being forwarded to the Office of the advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
Granting bail based on completion of investigation and filing of chargesheet, along with consideration of the circumstances of the case.
The completion of the investigation, filing of the charge sheet, and lack of requirement for further custodial interrogation are grounds for granting bail.
The court considered the prolonged pre-trial incarceration, delay in trial, and the health condition of the applicant as grounds for granting bail, while also taking into account the non-cooperation ....
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