Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1451

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Dinesh Rayakwar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.4376 of 2022
Decided On : 27-01-2022

Advocates Appeared:
D.S. Tomar, Advocate, C.P. Singh, Advocate
Final Result : Allowed

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 incriminating item, and the accused's criminal antecedents.

Headnote:
Bail - Criminal Offence - The court allowed the bail application under Section 439 of Cr.P.C. for the applicant who was arrested for an offence punishable under Sections 392 of IPC and Section 11/13 of MPDVPK act. The bail was granted with stringent conditions including a deposit in the court registry for Covid-19 relief and a personal bond with surety.
Fact of the Case:

The applicant was arrested for an offence under Sections 392 of IPC and Section 11/13 of MPDVPK act. The prosecution alleged that the applicant was involved in the theft of a tractor after offering a soft drink mixed with a narcotic substance to the complainant. The applicant had been in jail since the arrest, and the tractor had been seized from a co-accused, with only the registration document found in the possession of the applicant.
Finding of the Court:

The court considered the period of detention, the absence of the tractor in the applicant's possession, and the criminal antecedents of the applicant. Without commenting on the merits of the case, the court allowed the bail application with stringent conditions, including a deposit in the court registry for Covid-19 relief and a personal bond with surety.
Issues: The issues involved the grant of bail under Section 439 of Cr.P.C. for an offence under Sections 392 of IPC and Section 11/13 of MPDVPK act, considering the period of detention, absence of the tractor in the applicant's possession, and the criminal antecedents of the applicant.
Ratio Decidendi: The court's decision was influenced by the period of detention, absence of the tractor in the applicant's possession, and the criminal antecedents of the applicant, leading to the grant of bail with stringent conditions.
Final Decision: The court allowed the bail application under Section 439 of Cr.P.C. with stringent conditions, including a deposit in the court registry for Covid-19 relief and a personal bond with surety.

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 09.10.2021 in connection with Crime No.66/2020 registered by Police Station - Bhander, District Datia for offence punishable under Sections 392 of IPC and Section 11/13 of MPDVPK act.

It is submitted by Counsel for the applicant that according to the prosecution case, three unknown persons took away the tractor of complainant after offering some soft drink mixed with narcotic substance. The applicant is in jail from 09.10.2021. The tractor has been seized from the co-accused and according to the prosecution case, only the document pertaining to the registration of tractor has been seized from the possession of applicant. In view of the criminal antecedent, applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is opposed by Counsel for the State.

It is submitted that the RC book of the tractor has been seized from the possession of applicant but it is fairly conceded that the Test Identification Parade has not been conducted so far. The applicant has criminal history and two more criminal cases have been registered against him including one under Section 411 of IPC.

Considering the period of detention coupled with the fact that the tractor has not been seized from the possession of the applicant and in view of the criminal antecedents of the applicant, the bail can be granted only on stringent condition.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in case, if the applicant deposits an amount of Rs.15,000/- in the Registry of this Court for utilization of the same for the up-gradation of the Civil Dispensary functioning in the Court premises for fighting against Covid-19 Pandemic and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court, he shall be released on bail for his appearance before the concerning Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the S.H.O. Police Station Bhander, District Datia on 1st of every month during the pendency of the Trial. In case of bail jump or non- appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

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