Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 612

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Ravindra Baghel – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2340 of 2023
Decided On : 16-01-2023

Advocates Appeared:
H.S.Rana, Advocate, Alpana Parmar, Advocate
Final Result : Allowed

The court considered the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant in granting bail.

Headnote:
Bail Application - Offence under IPC and MPDVPK Act - The court allowed the bail application considering the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant.
Fact of the Case:

The applicant filed a bail application under Section 439 of the Cr.P.C. for grant of bail in connection with a case involving offences under Sections 341 and 392 of IPC and 11 and 13 of MPDVPK Act. The applicant was in judicial custody for allegedly robbing the complainant of Rs.5,000, out of which Rs.3,000 was recovered from the applicant.
Finding of the Court:

The court allowed the bail application, considering the period of incarceration undergone by the applicant, the quantum of money involved in the alleged robbery, and the lack of previous antecedents against the applicant.
Issues: The main issue was whether the applicant should be granted bail in connection with the alleged robbery.
Ratio Decidendi: The court considered the period of incarceration, the quantum of money involved in the alleged robbery, and the lack of previous antecedents against the applicant in granting the bail.
Final Decision: The court allowed the bail application and directed that the applicant shall be released on bail upon furnishing a personal bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.

JUDGMENT

Atul Sreedharan, J. - This is third bail application moved by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.123/2022 registered at Police Station-Gijorra District- Gwalior for the offence punishable under Sections 341 and 392 of IPC and 11 and 13 of MPDVPK Act.

2. The applicant is in judicial custody since 04.10.2022 in the aforesaid case. The allegation against him is that he alongwith co-accused persons robbed the complainant of Rs.5,000/- out of which Rs.3,000/- was recovered from the applicant herein. He has been named in the FIR.

3. Learned counsel for the State while opposing the application for grant of bail has submitted that there are no antecedents of the applicant given along with the police tip accompanying the case diary. Further a co-accused has already been granted the benefit of bail though, the question of parity does not arise.

4. Be that as it may, looking at the period of incarceration undergone by the applicant, the quantum of money that was robbed by the applicant and also the fact that there are no previous antecedents against the applicant, the application is allowed and it is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.

C.C. as per rules.

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