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2024 Supreme(Online)(MP) 38594
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE PREM NARAYAN SINGH, J
Faizal @ Makhi – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 52259/2024
Important Points
Subject
Criminal Law - Bail
Act Referred
Code of Criminal Procedure, 1973 : S.439
Headnote
(B) Bail - Conditions for grant - Applicant to furnish personal bond of Rs.50,000/- and surety, with attendance required at police station twice a month - Non-compliance may lead to cancellation of bail. (Paras 8, 9)
Facts of the case:
The applicant was arrested for theft-related charges, with allegations of false implication and recovery of stolen items from him. He has been in custody for over six months, and the trial is expected to take a significant duration. The State's opposition is based on the applicant's criminal history.
Findings of Court:
The court finds that the applicant is entitled to bail given the duration of custody and the nature of the trial, emphasizing the principle that indefinite detention is not justified solely based on prior criminal history.
Issues: The main issues were whether the applicant should be granted bail considering the allegations against him and his prior criminal record.
Ratio Decidendi: The court ruled that the applicant's long period in custody and the nature of the trial justified the grant of bail, indicating that mere criminal history cannot justify indefinite detention. The court also established conditions for bail to ensure compliance.
Result: Bail application allowed.
Sudeel Yadav,Advocate General
ORDER
Heard and perused the record.
2. This is first bail application filed under Section 483 of BNSS, 2023 ( Section 439 of the Cr.P.C , 1973) for grant of bail during trial relating to Crime No.175/2024, registered at Police Station-Juni Indore, District-Indore for the offence under Sections 380, 411 & 457 of IPC 1860. The applicant is in custody since 17.05.2024.
3. As per prosecution story, the allegation against the present applicant that of committing theft alongwith other co-accused persons.
4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. Four silver anklets and one gold chain (earring) has been recovered from the applicant and at his NEUTRAL CITATION NO. 2024:MPHC-IND:34539 instance, Rs.50,000/- cash has been recovered from the applicant's uncle. The applicant is in custody since 17.05.2024 (more than six months in custody). The case is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the MCRC-52259-2024 application be allowed and the applicant be released on bail.
5. Learned counsel for the State opposes the application and prays for its dismissal by submitting that there are 8 criminal cases registered against the applicant and out of them 5 cases are of same nature.
6. In reply, counsel for the applicant stated that only on the basis of criminal history, no one can be kept in jail for indefinite period, especially when the case is triable by JMFC.
7. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties and the case is triable by JMFC but without commenting on the merits of the case, the application filed by the applicant is allowed.
8. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The applicant shall also abide by the conditions enumerated under Section 480 (3) of BNSS.
9. By way of abundant caution, it is further directed that the NEUTRAL CITATION NO. 2024:MPHC-IND:34539 (PREM NARAYAN SINGH) JUDGE sumathi applicant shall also mark his presence before the concerned Police Station on 1st and third Tuesday of every month between 10.00 am to MCRC-52259-2024 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicants in custody immediately.
10 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
