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SUBODH ABHYANKAR
Lakshman @ Laxmilal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.
2. This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.312/2022 registered at Police Station Juni District Indore for offence punishable under Sections 420,506,120-B of IPC. The applicant is in custody since 31/08/2022.
3. The allegation against the applicant is that he was running a small mall and after obtaining the goods from various vendors on credit, he eloped with the goods.
4. Counsel for the applicant has submitted The goods misappropriated by the applicant has already been recovered and handed over to the respective complainants.It is further submitted that the applicant was admitted in Sadhbhavana Trust Hospital, Vadali (Mahua) Gujarat from 18.07.2022 to 01/08.2022 and only because of his ailment he had removed the goods from one shop and had shifted them to another shop at Sanchar Rajasthan, Jalore.
5. Counsel for the applicant has submitted that the applicant is in jail since 31.08.2022. The charge sheet has been filed. The case is triable by the Judicial Magistrate First Class and the final concl
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 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 may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court considered the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances in allowing the bail application.
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 to grant bail was based on the considerations of the duration of custody, absence of criminal antecedents, and the likelihood of a lengthy trial, as provided under Section 439 of....
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 decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
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