Madhya Pradesh High Court
MCRC/3549/2024 of RAKESH JAIN Vs STATE OF M.P. on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3549 of 2024
BETWEEN:-
RAKESH JAIN S/O SHRI SATISH CHANDRA JAIN, AGEDABOUT 61 YEARS, OCCUPATION: GOVT. SERVICE 40,SANCHAR NAGAR MAIN INDORE (MADHYA PRADESH)
(BY SHRI PIYUSH GOYAL - ADVOCATE)
.....APPLICANT
AND
STATE OF M.P. STATION HOUSE OFFICER THROUGHPOLICE STATION M.S. ROAD, DISTRICT INDORE(MADHYA PRADESH)
(BY MS. BHAGYASHREE GUPTA - PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
The present petition is filed under Section 482 of Cr.P.C. seeking modification of the bail condition imposed by this Court in its order dated27.01.2010 in MCRC No.399/2010 whereby the applicant was granted regularbail under Section 439 of Cr.P.C. and a condition was imposed that theapplicant shall appear before the police authorities on first Sunday of everymonth between 10 AM to 12 Noon during the pendency of the trial.
2. Counsel for the applicant submits that the trial is still pending andfor last about 14 years, he has been marking his presence before the concernedpolice station in terms of the said condition of the bail order. It is further submitted that under similar circumstances in the case of co-accused AnandShah in MCRC No.13076/2023, this Court has modified the said condition byorder dated 27.04.2023.
3. Counsel for the State opposed the prayer and submits that theCourt must have incorporated the said condition because of criminalantecedents.
4. However, upon perusal of the bail order, it is not reflected that thereis any criminal record of the applicant. Considering the fact that the trial is stillpending for more than 14 years and the applicant is marking his presence beforethe concerned police station without committing any default for last 14 yearsand he is appearing before the trial Court, this Court is of the view that the saidcondition does not require to be continued in the bail order.
5. In view of the aforesaid, the condition in the bail order to mark hispresence in the concerned police station on first Sunday of every monthbetween 10 AM to 12 Noon during the pendency of the trial is deleted.However, the applicant shall continue to appear before the trial Court on thedates fixed in this regard without committing any default. The application isallowed.
6. The other conditions of the bail order shall remain intact. The orderpassed today shall be read conjointly with the order dated 27.01.2010 in MCRC
No.399/2010.
7. With the aforesaid, application is allowed and disposed off.
(VIJAY KUMAR SHUKLA)JUDGE