IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 9 OF MAY, 2023 MISC. CRIMINAL CASE No. 17475 of 2023 BETWEEN:-

DINESH LILHARE S/O PRATAP LILHARE, AGED ABOUT 35 YEARS, OCCUPATION: BUSINESS R/O GRAM KHAIRLANJI THANA AND TEHSIL KHAIRLANJI DISTRICT BALAGHAT (MADHYA PRADESH)

.....APPLICANT (BY SHRI R.B. GAUTAM - ADVOCATE)

AND THE STATE OF M.P. THROUGH THE POLICE STATION KHAIRLANJI DISTT. BALAGHAT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI KUWAR SINGH PATEL - PANEL LAWYER)

This application coming on for admission this day, the court passed the following:

ORDER

This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail relating to FIR No. 51 of 2023 dated 17/03/2023 registered at Police Station Khairlanji, District - Balaghat (M.P.) for the offence punishable under Section 436 of IPC.

2. As per the prosecution story, the allegation against the applicant is that he set the fruit juice shop of complainant on fire and committed loss of Rs. 1 Lakh to him therefore, the offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the case Signature Not Verified Signed by: NAVEEN is triable by Judicial Magistrate 1st Class and the applicant in custody since 18/03/2023. The report has been lodged belatedly after 18 hours of the incident. Charge-sheet has been filed and conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

4. Learned Panel Lawyer has opposed the application and prayed for its rejection.

5. Looking to the facts and circumstances of the case alongwith the fact that report of the incident has been lodged belatedly after 18 hours of the incident and charge sheet has been filed and applicant has no criminal incidents, without commenting on the merits of the case, this application is allowed. 6. It is directed that the 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 for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

7. This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail and on repetition of the crime, this order shall become ineffective and cancelled without reference to this Bench.

8. M.Cr.C. stands allowed and disposed of.

9. Certified copy as per rules.

(ACHAL KUMAR PALIWAL)

JUDGE navin Signature Not Verified Signed by: NAVEEN Signature Not Verified