Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Sanjay @ Rajkumar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 443 of 2023
Decided On : 01-02-2023
Bail Application - Offences under IPC and Arms Act - The court allowed the bail application considering the facts and circumstances of the case and the period of incarceration undergone by the applicants.
Fact of the Case:
The applicants filed a second bail application under Section 439 of the Cr.P.C. for grant of bail in connection with a case involving offences under Sections 307, 294, 147, 148, 149 of the IPC, Section 11/13 of the MPDVPK Act and Sections 25/27 of the Arms Act. They were in judicial custody since 24.09.2022, and the first application was dismissed with liberty to file afresh after filing of the charge-sheet.
Finding of the Court:
The court allowed the bail application, considering the facts and circumstances of the case and the period of incarceration undergone by the applicants.
Issues: The prosecution alleged that the applicants were involved in firing at the police personnel with country-made firearms, while the applicants claimed that their arrest in this case was shown in another case of the same date.
Ratio Decidendi: The court considered the facts and circumstances of the case, the period of incarceration undergone by the applicants, and the submissions from both the State and the applicants' counsel in granting the bail.
Final Decision: The court allowed the bail application and directed the applicants to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- each with one surety in the like amount to the satisfaction of the learned trial Court.
JUDGMENT
Atul Sreedharan, J. - This is second bail application moved by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.140/2022, registered at Police Station- Pahadgarh, District- Morena, for the offences punishable under Sections 307, 294, 147, 148, 149 of the IPC, Section 11/13 of the MPDVPK Act and Sections 25/27 of the Arms Act.
2. Applicants are in judicial custody since 24.09.2022 in the aforementioned case. First application having been dismissed as withdrawn with liberty granted to the applicants to file afresh after filing of the charge-sheet. The charge-sheet has now been filed as so stated by the learned counsel for the applicants.
3. The case of the prosecution is that the police has got a tip off that applicant No.1 was the member of a team of dacoits headed by Gudda dacoit and in order to investigate the police had gone there, the applicants are stated to have fired at the police personnel with country made fire arms and that the police had retaliated in counter fired. No injuries have been found at the police personnels.
4. Learned counsel for the State while opposing the application for grant of bail has submitted that the applicant No.1 Sanjay @ Rajkumar has three other cases beside the present case and another case of similar nature is of the year 2022 itself.
5. Learned counsel for the applicants submits that the applicants were arrested in this case and their names were included and their arrest shown in other case of the same date as their arrest were shown in this case.
6. Be that as it may, looking at the facts and circumstances of the case and the period of incarceration undergone by the applicants herein, the application is allowed and it is directed that the applicants shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the learned trial Court.
C.C. as per rules.
The court's decision to grant bail was influenced by the facts and circumstances of the case and the period of incarceration undergone by the applicants.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court considered the nature of specific allegations and the supporting evidence in the MLC in granting bail to the applicant.
The court has the discretion to grant bail based on the facts and circumstances of the case, 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, without commenting on the merits of the case.
The court has the discretion to grant bail to an accused, considering the facts and circumstances of the case, and can impose reasonable conditions to ensure a fair trial.
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
