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2024 Supreme(Online)(MP) 36118

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE VISHAL DHAGAT
Sikandar Singh – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 10013/2024



Advocates:
Ajay Kumar Jain,Advocate General

An accused is entitled to be released on bail if the investigation is complete and the charge-sheet has been filed, and the completion of trial is likely to take a long time.

Headnote:

BAIL - CORRUPTION - REGULAR BAIL - APPLICANT IN JAIL SINCE 07.11.2023 - INVESTIGATION COMPLETE AND CHARGE-SHEET FILED - BAIL GRANTED ON FURNISHING PERSONAL BOND OF RS.1,00,000/- WITH TWO SOLVENT SURETIES IN THE LIKE AMOUNT.

Fact of the Case:

Applicant was arrested on 07.11.2023 in connection with FIR No.11/2023, registered at Police Station-Rahatgarh, District Sagar (M.P.) for the offence punishable under Sections 409, 420, 467, 468, 471, 477A, 34, 120-B and 201 of Indian Penal Code and Sections 13(1) (A) and 13(2) of Prevention of Corruption Act.

Finding of the Court:

Investigation is complete and charge-sheet has been filed. Completion of trial is likely to take a long time.

Issues: Whether the applicant is entitled to be released on bail?

Ratio Decidendi: Considering the facts and circumstances of the case, the court allowed the bail application and directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the trial court for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

Final Decision: Bail granted.

ORDER

This is first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.11/2023, registered at Police Station-Rahatgarh, District Sagar (M.P.) for the offence punishable under Sections 409, 420, 467, 468, 471, 477A, 34, 120-B and 201 of Indian Penal Code and Sections 13(1) (A) and 13(2) of Prevention of Corruption Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 07.11.2023. Investigation is complete and charge-sheet has been filed. In these circumstances, applicant may be enlarged on bail. 3. Learned Govt. Advocate appearing for the respondent/State opposed the bail application. It is submitted that applicant was posted as Sub Engineer when offence took place. He is Technical In-charge of project which is to be made and without him there cannot be any embezzlement. There is evidence regarding involvement of applicant in offence.

4. Heard the counsel for the parties. 5. Investigation is complete and charge-sheet has been filed. Completion of trial is likely to take a long time.

6. Considering aforesaid circumstances of the case, bail application filed by the applicant is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the trial court for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

    (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
    (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. C.C. as per rules. (VISHAL DHAGAT) JUDGE sp/- Digitally signed by SUNIL KUMAR PATEL SUNIL KUMAR DN: c=IN, o=HIGHT COURT OF MADHYA PRADESH, ou=GOVERMENT, 2.5.4.20=3ad456309c8cfa67fdf9acdac6949bbc6ea3342f0 2b1af1bdaf3424a04c11d99, postalCode=482001, PATEL st=MADHYA PRADESH, serialNumber=5011B37A3DD5E32019F501F10E878D2F1 18732491B5F40BDC9923237D954365B, cn=SUNIL KUMAR PATEL Date: 2024.03.20 17:38:32 +05'30'

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