IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH st ON THE 21 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 57312 of 2023 BETWEEN:-

RAKESH S/O SEKDA DAWAR, AGED ABOUT 32 YEARS, OCCUPATION: CONSTABLE POLICE DEPARTMENT R/O. VILLAGE ARADA, TEHSIL DAHI (MADHYA PRADESH)

.....APPLICANT (SHRI VIVEK SINGH - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER PS SONDWA, DIST.: ALIRAJPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SURENDRA GUPTA AND SHRI RAJESH JOSHI -- GOVT.

ADVOCATES)

MISC. CRIMINAL CASE No. 57308 of 2023 BETWEEN:-

VIJAY DEWDA S/O MAHONLAL DEWDA, AGED ABOUT 36 YEARS, OCCUPATION: TOWN INSPECTOR POLICE DEPARTMENT VILLAGE METHAWA TEHSIL BARWAH (MADHYA PRADESH)

.....APPLICANT (SHRI VIVEK SINGH - ADVOCATE)

AND Signature Not Verified THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER PS SONDWA DIST.: ALIRAJPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SURENDRA GUPTA AND SHRI RAJESH JOSHI -- GOVT.

ADVOCATES)

MISC. CRIMINAL CASE No. 57310 of 2023 BETWEEN:-

SURESH S/O MUKAM SINGH, AGED ABOUT 39 YEARS, OCCUPATION: HEAD CONSTABLE POLICE DEPARTMENT VILLAGE BADA UNDWA PATEL FALYA (MADHYA PRADESH)

.....APPLICANT (SHRI VIVEK SINGH - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER PS SONDWA, DIST.: ALIRAJPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SURENDRA GUPTA AND SHRI RAJESH JOSHI -- GOVT.

ADVOCATES)

MISC. CRIMINAL CASE No. 57314 of 2023 BETWEEN:-

VIRENDRA SINGH S/O SHRI BARDA DAWAR, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE POLICE DEPARTMENT VILLAGE GHANA, PATEL FALYA TEHSIL DAHI, (MADHYA PRADESH)

.....APPLICANT (SHRI VIVEK SINGH - ADVOCATE)

AND Signature Not Verified THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER PS SONDWA DIST.: ALIRAJPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SURENDRA GUPTA AND SHRI RAJESH JOSHI -- GOVT.

ADVOCATES)

(INVESTIGATING OFFICER- BADHURSINH H. BARIA, A.S.F B.N. 782, NAVSARI LOCAL CRIME BRANCH, GUJARAT IS PRESENT IN PERSON)

These applications coming on for admission this day, the court passed the following:

ORDER

This order shall govern the disposal of these four miscellaneous criminal cases as they have arisen out of the same crime number of the same police station, hence, they are heard analogously and are being decided by this common order.

1.These are first bail applications under Section 439 of Cr.P.C for grant o f regular bail in connection with crime No.236/2023, registered at Police Station-Sondwa, District - Alirajpur, for offences punishable under Sections

379, 392, 452, 294, 166-A, 420 and 409 of IPC, 1860.

2. As per prosecution case, the applicants who happens to be Police Officials entered into the house of complainant Ramkubai and Banjaribai and looted golden coins which were concealed by the complainants in their by digging underground in many places of their house.

3. It is contended by the learned counsels for the applicants that the allegation against the present applicants are that they being police personnel have looted the golden coins from the house of Ramkubai and Banjaribai, which were buried underground by them in various places of their house. It is further submitted that till date nothing was seized from the police personnel and they Signature Not Verified have not been identified by the complainant party. It is also submitted that some golden coins have been seized from the house of the complainants house and two other persons by Gujarat Police. The applicants are in jail since 25.08.2023. Final conclusion of trial will take sufficient long time. Under these circumstances, the application is requested to be allowed.

4. Investigating Officer present in person submitted that since the applicants are police personnel, they have managed and due to their management, the gold coins could not be seized. On being enquired, Officer submitted that 240 coins were seized from complainants Ramkubai and Banjaribai and two other persons, however, he is unable to submit that these golden coins are similar to the coins that have been looted by the applicants