Madhya Pradesh High Court

MCRC/2121/2024 of HEMANT Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

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. 2121 of 2024

BETWEEN:-

HEMANT S/O AMARSINGH BHIL, AGED ABOUT 20YEARS, OCCUPATION: LABOUR GRAM AAMKHEDA,DHAR,(MADHYA PRADESH)

.....APPLICANT

(SHRI ANOPAM CHOUHAN, LEARNED COUNSEL FOR THE APPLICANT.)

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH P.S. KOTWALI DIST DHAR(MADHYA PRADESH)

(SHRI SAGAR MULEY, LEARNED P.L. FOR THE STATE.)

.....RESPONDENTS

This application coming on for orders this day, the court passed the following:

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ORDER

This is repeat (second) application under section 439 Cr.P.C. for grant of regularbail in connection with FIR No.3/2021 dated (not mentioned) registered at P.S-Kotwali,District-Dhar (M.P.) for offences punishable under Section(s) 399, 402 of IPC andsection 25 and 27 of Arms Act.

2. The applicant was granted bail by this Court by order dated 17.05.2021 inM.Cr.C.No. 16823/2021. The applicant could not appear before the trial court on17.10.2023 and his bail bonds were forfeited. Thereafter the applicant surrendered beforethe trial court. The trial court rejected the bail application on the ground that applicant hasjumped the bail and because of his conduct the trial has delayed.

Signature Not Verified

3. Counsel for the applicant submits that applicant is a labourer and he had gone tosome other place for livelihood and due to that he could not appear on the said date. It isfurther submitted the applicant undertakes to appear on each and every date before thetrial court without committing any default.

4. Counsel for the State opposes the prayer for grant of bail.

5. After hearing learned counsel for the parties and taking into consideration thefact that applicant was already granted bail by this Court and due to bonafide reason, hecould not appear before the trial court on 17.10.2023 and he further undertakes to appearon each and every date before the trial court without committing any default, theapplication is allowed.

6. It is directed that applicant HEMANT shall be released from custody uponfurnishing a fresh personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) withone surety of the like amount to the satisfaction of the Court below on the condition thatapplicant shall appear before the concerned trial court on each and every date withoutcommitting any default and if the applicant commits default, trial court shall be free toforfeit the bail bonds and to take steps for arrest of the applicant.

7. A typed copy of this order is being forwarded to the Office of the AdvocateGeneral, on their email address, for intimation to the Police Station concerned. The officeis requested to forward a copy of this order to the Court below.

8. With the aforesaid, the application is allowed and disposed off.

C.C. as per rules.

ajit

(VIJAY KUMAR SHUKLA)JUDGE

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