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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Dilip – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.5955 of 2022
Decided On : 07-02-2022
Bail - Theft of Vehicle - 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 that the stolen vehicle was seized from the possession of the co-accused. The applicant was directed to furnish a personal bond and comply with the provisions of Section 437(3) of Cr.P.C.
Fact of the Case:
The applicant was implicated in a theft case involving the stealing of a vehicle from the complainant's possession. The stolen vehicle was seized from the possession of a co-accused who had already been enlarged on bail. The applicant had been in custody since 8.10.2021, and the trial was expected to take time for its conclusion.
Finding of the Court:
The court, without commenting on the merits, granted bail to the applicant based on the ground of parity with the co-accused who had already been enlarged on bail. The court directed the applicant to furnish a personal bond and comply with the provisions of Section 437(3) of Cr.P.C.
Issues: The main issue was whether the applicant was entitled to bail despite being implicated in a theft case and being in custody, considering the ground of parity with a co-accused who had already been enlarged on bail.
Ratio Decidendi: The court's decision was influenced by the fact that the stolen vehicle was seized from the possession of the co-accused who had already been enlarged on bail, and without commenting on the merits, the court granted bail to the applicant based on the ground of parity.
Final Decision: The court allowed and disposed of the bail application, directing the applicant 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. - This is the first bail application filed under Section 439 of Cr.P.C. for grant of bail. The applicant is being implicated in Crime No.443/2021, registered at police station Kasrawad, district Khargone, for commission of offence punishable under Sections 379 of IPC.
The prosecution story in brief is that in the intervening night of 10-11.7.2021, the applicant along with other co-accused persons have stolen a vehicle Toofan bearing registration No. M.P.10-Ba-4609 belonging to the complainant Lalu Thakur from his possession.
Learned counsel for the applicant submits that it is alleged against the applicant that at his instance the aforesaid stolen vehicle was seized from the possession of the co-accused Thavriya. Place of seizure is an open place and the stolen property is said to be seized from the possession of co-accused. No case is made out against the applicant. He has been falsely implicated in the matter. Investigation is completed and charge-sheet has been filed. applicant is in custody since 8.10.2021. Trial will take time for its conclusion. Co-accused Thavriya has already been enlarged on bail vide order dated 6.1.2022, passed by this Court in M.Cr.C.No.62477 of 2021 and the applicant is on better footing that of co-accused therefore, he is also entitled for bail.
Learned Panel Lawyer for respondent / State has opposed the application and submits that applicant is a habitual criminal and about 12 other criminal cases are registered against him and he is not entitled for bail.
Having considered the rival submissions and the fact that stolen vehicle has been seized from the open place from the possession of co-accused person who has already been enlarged on bail, without commenting anything on the merits, applicant deserves to be enlarged on bail on the ground of parity with co-accused.
It is directed that applicant (Dilip S/o. Sardar Bhil) be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- 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.
M.Cr.C.No.5955 of 2022, stands allowed and disposed of.
C.c. as per rules.
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 nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
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 decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
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 decision emphasizes that lack of direct involvement and completion of investigation can be grounds for granting bail, even in cases involving serious offences.
The decision emphasizes the importance of direct evidence and the absence of incriminating factors in considering bail applications in criminal cases.
The court may grant bail under Section 439 of Cr.P.C. considering the custody period and the status of co-accused, without adverting to the merits of the case.
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