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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Rajendra Singh & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.1817 of 2022
Decided On : 13-01-2022
Bail Application - Criminal Procedure Code - The court allowed the bail application under Section 439 of the Criminal Procedure Code, maintaining parity with previously granted bail to co-accused persons, without delving into the merits of the case. The applicants were directed to be released on bail with specific conditions.
Fact of the Case:
The applicants filed a bail application under Section 439 of the Criminal Procedure Code, 1973, in connection with a case registered for offences under various sections of the Indian Penal Code and other acts. They had been in custody since 04/10/2017.
Finding of the Court:
The court found force in the contentions raised by the applicants' counsel, considering the parity with previously granted bail to co-accused persons, and allowed the bail application without delving into the merits of the case. The applicants were directed to be released on bail with specific conditions.
Issues: The main issue was whether the applicants should be granted bail, considering the parity with previously granted bail to co-accused persons.
Ratio Decidendi: The court's decision was influenced by the parity with previously granted bail to co-accused persons, without delving into the merits of the case.
Final Decision: The bail application filed by the applicants was allowed, and they were directed to be released on bail upon furnishing a personal bond and sureties with specific conditions. The bail order would stand cancelled if the applicants were found to be involved in any criminal activities after their release.
JUDGMENT
Subodh abhyankar, J. - This is the first bail application under Section 439 of Criminal Procedure Code, 1973 as they are implicated in connection with Crime No.169/2017 registered at Police Station Taal, District - Ratlam (MP) for offence punishable under Section 420 of the Indian Penal Code, 1860 Sections 3, 4, 5 of Prize Chits and Money Circulation Scheme (Banning) act, 1978 and Sections 3(1) & 6(2) of M.P. Nikshepako Ke Hito Ka Sanrankshan adhiniyam, 2000. The applicants are in custody since 04/10/2017.
Counsel for the applicants has submitted that identically placed co-accused persons, namely, Raghuveer Singh and Bagdiram have already been granted bail by this Court vide order dated 10.12.2021 passed in M.Cr.C. Nos.19576/2020, 19293/2020 (both M.Cr.C.s are of applicant Raghuveer Singh) and 61901/2021 (applicant Bagdiram) respectively and the present applicants are having complete parity with them. Hence, it is prayed that they be also enlarged bail on the ground of parity.
Counsel for the respondent/State, on the other hand, has opposed the prayer, but has not controverted the parity as claimed by the applicants.
Having considered rival submissions, perusal of the case-diary as also the order dated 10.12.2021 and 17.12.2021 passed in M.Cr.C. Nos.19576/2020, 19293/2020 and 61901/2021 in respect of the aforesaid other co-accused persons, this Court finds force with the contentions raised by the Counsel for the applicants to allow the application. accordingly, maintaining the parity, without adverting to the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) each with separate solvent sureties of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicants are found to be involved in any of the criminal activities, after their release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused persons in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
The court may grant bail to applicants based on parity with previously granted bail to co-accused persons, without delving into the merits of the case.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant....
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The court considered the settlement of the dispute and the likelihood of a long trial in allowing the bail application.
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court's decision was influenced by the lack of recovery from the applicant, the extended duration of custody, and the fact that bail had been granted to other co-accused in similar cases.
The completion of three months in custody and the applicant's acquittal in most of the cases were considered as grounds for allowing the bail application.
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