Madhya Pradesh High Court
MCRC/14138/2015 of PAWAN SEN Vs THE STATE OF MADHYA PRADESH on 31 December 2015
Pawan Sen Vs. State of M.P. 1 31.12.2015 Shri Arshad Ali, Advocate
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MCRC No. 14138/2015Pawan Sen Vs. State of M.P.1
31.12.2015
Shri Arshad Ali, Advocate for the applicant.
Shri R.B.S. Tomar, Government Advocate forrespondent/State.
This is the first bail application under Section 439of Cr.P.C. for grant of bail. The applicant is in custody forthe offences under Section 399, 400, 402 of IPC, section25/27 of Arms Act and section 11/13 of MPDVPK Actarising out of Crime No. 1008/2015, Police Station-Kotwali, District Shivpuri.
Shri Arshad Ali advanced singular contention. Hesubmits that the applicant is entitled to be enlarged onbail on the principle of parity. Reliance is placed on theorder of this Court dated 16.12.2015 passed in M.Cr.C. No.13186/2015 (Pankaj vs. State of M.P.). He submits that theapplicant be enlarged on bail on the ground of parity.
Shri Tomar has not disputed the fact that theapplicant is similarly situated.
Considering the aforesaid, I deem it apposite toenlarge the applicant on bail on the principle of parity.
Keeping in view the aforesaid facts andcircumstances of the case, without expressing any viewon the merits of the case, the application is allowed and (alok)
MCRC No. 14138/2015Pawan Sen Vs. State of M.P.2
it is directed that the applicant Pawan Sen shall bereleased on bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rupees Fifty Thousand only) withone solvent surety of the like amount to the satisfactionof the Trial Court for securing his presence before theconcerned Court on all the dates of hearing fixed in thisregard during trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-1. The applicant will comply with all the terms andconditions of the bond executed by him;1. The applicant will comply with all the terms andconditions of the bond executed by him;
2. Theapplicantwillcooperateintheinvestigation/trial, as the case may be;investigation/trial, as the case may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any personacquainted with the facts of the case so as todissuade him/her from disclosing such facts to theCourt or to the Police Officer, as the case may be;inducement, threat or promise to any personacquainted with the facts of the case so as todissuade 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 similarto the offence of which he is accused;to the offence of which he is accused;
5. The applicant will not seek unnecessaryadjournments during the trial; andadjournments during the trial; and
6. In case of any breach of any of the conditionsabove, the learned Trial Court would be at libertyto reconsider on the question of bail.above, the learned Trial Court would be at libertyto reconsider on the question of bail.
Certified copy as per rules.
(Sujoy Paul)
Vacation Judge