Madhya Pradesh High Court
MCRC/50434/2018 of DHARMPAL PARDI Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-50434-2018
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The High Court Of Madhya PradeshMCRC-50434-2018
(DHARMPAL PARDIVs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :[31][-][12][-][2018]
Shri M.M. Shrivastava, Counsel for the applicant.
Shri Pramod Pachauri, Public Prosecutor for the respondent/State.
Case diary is available.
This is third application under Section 439 of CrPC for grant of bail.The first application was dismissed by order dated 18/9/2018 passed inMCRC No.33775/2018 and the second application was dismissed aswithdrawn by order dated 20/11/2018 passed in MCRC No.41772/2018.
The applicant has been arrested on 08/5/2018 in connection withCrime No.294/2018 registered at Police Station Janakganj, District Gwaliorfor the offences punishable under Sections 457 and 380 of the IPC.
It is submitted by the counsel for the applicant that according to theprosecution case, a theft was committed in the house of the complainant andan idol of lord Ganesha and two rings have been recovered from thepossession of the applicant which have been duly identified. However, theapplicant is in jail for the last near about seven months and the trial is likely totake sufficiently long time. The charges were framed on 07/8/2018. However,not a single witness has been examined so far. It is further submitted that outof 12 criminal cases which were registered against the applicant, three casesare pending and in the remaining cases, the applicant has been acquitted. It isfurther submitted that there is no possibility of his absconding or tamperingwith the prosecution case.
Per contra, the application is opposed by the State counsel. It issubmitted by the counsel for the State that the applicant has annexed thephotocopies of the judgments of four cases. However, nothing has beenplaced on record to show that the applicant has been acquitted in remainingfive cases or not.
Considering the pretrial detention, the facts and circumstances of the case and without commenting on merits of the case, the application isallowed. It is directed that the applicant be released on bail on his furnishing apersonal bond in the sum of Rs.40,000/- (Rs. Forty Thousand Only) withone surety in the like amount to the satisfaction of the trial Court/CommittalCourt to appear before the Court on the dates given by the concerned Court.
It is made clear that the applicant, at the time of furnishing the bail-bond before the trial Court, shall be under obligation to file the judgments ofthe remaining five criminal cases in which he claims to have been acquitted. Itis further made clear that in case if it is found by the trial Court that theapplicant has been convicted in any of the cases, then this order shallautomatically loose its effect and the trial Court shall not be under obligation to release the applicant on bail.
Certified copy as per rules.
AKS
ALOK KUMAR (G.S. AHLUWALIA)2018.12.31 V. JUDGE14:35:35 +05'30'