Madhya Pradesh High Court
MCRC/52170/2018 of BACHCHU SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH
THE HIGH COURT OF MADHYA PRADESHMCRC.52170.2018(Bachchu Singh Vs. State of M.P.)
GWALIOR; dated 31.12.2018
Shri Sanjay Gupta, learned counsel, for the applicant.
Shri N.S.Kirar, learned Public Prosecutor for therespondent/State.
Heard the learned counsel for the parties and perused thecase diary.
The applicant has filed this application under Section 439of Cr.P.C. for grant of bail, who has been arrested and is incustody since 09.07.2018, in connection with CrimeNo.137/2004, registered at Police Station Bagchini districtMorena, for the offence punishable under Section 148, 302/149and 307/149 of the IPC.
It is the submission of learned counsel for the applicantthat the applicant is 60 years of age at present and is facing trialfor the alleged offences referred above. Vide order dated30.4.2008 of Session's Court, bail was granted to the applicantand he was regularly appearing before the trial court. In the year2013, he was arrested in another case in which, later on bail wasgranted to him vide order dated 25.9.2018 in M.Cr.C.No.37435of 2018. Thereafter for some period, he could not appear beforethe trial court because of his confinement. He undertakes toregularly appear in the trial court and would not take anyadjournment. He seeks parity vis-a-vis order dated 18.12.2018in M.Cr.C.No.47031 of 2018 and the order of even date inM.Cr.C.No.51081 of 2018. The applicant is in custody since9.7.2018 and therefore, confinement would amount to pre-trialdetention. He is ready to cooperate in the investigation. Onthese grounds, he prayed for grant of bail to the applicant.
Learned Public Prosecutor for the State on the basis ofcase diary opposed the prayer made by the applicant and prayedfor dismissal of this application.
Considering the submissions advanced by learned counselfor the applicant as well as fact situation of the case, but withoutexpressing any opinion on merits of the case, this application is Rks.
THE HIGH COURT OF MADHYA PRADESHMCRC.52170.2018(Bachchu Singh Vs. State of M.P.)
allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.
One lac only) with one solvent surety of the like amount to thesatisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions :-
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1. The applicant will comply with all the terms and conditions ofthe bond executed by him;the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as thecase may be;case may be;
3. The applicant will not indulge himself in extending inducement,threat or promise to any person acquainted with the facts of thecase so as to dissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be; threat or promise to any person acquainted with the facts of thecase so as to dissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offenceof which he is accused; of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial; the trial;
6. The applicant will not leave India without previous permission ofthe trial Court/Investigating Officer, as the case may be; and the trial Court/Investigating Officer, as the case may be; and
7. The applicant will regularly appear before the trial court and willcause his appearance once in every fortnight before theconcerned Police Station between 10 AM to 2 PM.cause his appearance once in every fortnight before theconcerned Police Station between 10 AM to 2 PM.
A copy of this order be sent to the Court concerned forcompliance.
C.C. as per rules.
(Anand Pathak)R. K. SHARMA 2018.12.31 15:25:16 V.Judge+05'30'