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HIGH COURT OF MADHYA PRADESH
VISHAL DHAGAT
Mahendra Kumar Kushwaha – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 11519/2024
Fact of the Case:
The applicant filed a third bail application under Section 439 of the CrPC for regular bail in relation to FIR No.1296/2023 registered at Police Station-Waidhan, District-Singrauli(M.P.) for offenses punishable under Sections 380 and 457 of the IPC. The applicant had been in jail since September 5, 2023, and the investigation was complete with a charge sheet filed.
Finding of the Court:
The court noted that the applicant had a criminal history with 11 cases registered against him, including serious offenses. The court also noted that there had been no change in circumstances since the previous bail application.
Issues: Whether the applicant should be granted bail considering his criminal history and the nature of the offenses.
Ratio Decidendi: The court held that the applicant's criminal history and the serious nature of the offenses outweighed the factors in favor of bail. The court also noted that the trial court had been directed to expedite the trial and complete it within three months.
Final Decision: The court dismissed the repeat bail application and directed the trial court to expedite the trial and complete it within three months. The applicant was at liberty to file a repeat bail application after three months if the trial was not concluded within that period.
ORDER
This is third bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.1296/2023 registered at Police Station-Waidhan, District-Singrauli(M.P.) f or the offence punishable under Section 380 & 457 of IPC.
2. Learned counsel appearing for the applicant submitted that offence is triable by Judicial Magistrate First Class and is punishable upto seven years of imprisonment. Applicant is in jail since 05.09.2023. Investigation is complete and charge-sheet has been filed, therefore, applicant may be enlarged on bail.
3. Learned Govt. Advocate appearing for the respondent/State opposed the bail application. It is submitted that applicant is having criminal track records. There are 11 cases registered against applicant and some offences are also serious in nature, therefore, application for grant of bail may be dismissed.
4. Heard learned counsel for the parties. 5. There is no change in circumstances. Repeat bail application is dismissed.
6. Trial Court is directed to expedite the trial and preferably complete it within a period of three months and applicant is at liberty to file repeat bail application after a period of three months, if trial is not concluded within aforesaid period.
(VISHAL DHAGAT) JUDGE nd
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