Madhya Pradesh High Court
MCRC/52380/2018 of DHAN SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH M.Cr.C. No.52380/2018 (Dhan Singh vs. State of
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THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.52380/2018
(Dhan Singh vs. State of M.P.)
Jabalpur
Dated: 31.12.2018
Shri K.S. Rajput, learned counsel for the applicant.
Shri Akhilendra Singh, learned Government Advocate forthe respondent/State.
Heard with the aid of case diary.
This is a first application under Section 439 Cr.P.C.Applicant Dhan Singh was arrested on 27.07.2017 in CrimeNo. 382/2017 registered at Police Station Pandhana, District-Khandwa (M.P) for the offences punishable under Sections399, 402 of IPC and 25/27 of Indian Arms Act, 1959.
Learned counsel for the applicant submits that applicanthas not committed any offence and has falsely been implicatedin the offence. He further submits that the applicant is incustody since 27.07.2017. The charge-sheet has been filed andthe conclusion of trial is likely to take long time, hence prayedfor release of the applicant on bail.
On the other hand, learned counsel for therespondent/State opposed the prayer and submitted thatsufficient evidence is available to connect the applicant withthe offence in question.
After hearing learned counsel for the parties, consideringthe facts and circumstances of the case and as to the fact thatcharge-sheet has been filed and conclusion of trial will taketime and the applicant is in custody since 27.07.2017, sowithout commenting on the merits of the case, the applicationis allowed and applicant-Dhan Singh is directed to be releasedon bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousan Only) with one surety in thelike amount to the satisfaction of the concerned C.J.M/trialCourt for his appearance before the trial Court on all such datesas may be fixed in this behalf by the trial Court during thependency of trial.
This order will remain operative subject to compliance ofthe following conditions by the applicant:
1.1. The applicant will comply with all the terms andconditions of the bond executed by him; 1.2. The applicant will cooperate in theinvestigation/trial, as the case may be; 1.3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe fact of the case so as to dissuade him from disclosing suchfacts to the Court or to the Police Officer, as the case may be; 1.4. The applicant shall not commit an offence similar tothe offence of which he is accused; 1.5. The applicant will not seek unnecessaryadjournments during the trial; and 1.6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.
Certified copy as per rules.
sjk
(Rajeev Kumar Dubey)
V. Judge
Digitally signed by SHARANJEET KAUR JASSAL SHARANJDN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482005, st=Madhya EET KAUR Pradesh, 2.5.4.20=e9afd9b0df9b7eb37f1ef0670af034cd7d26227bb2914a154b053f9f6c0dc765, cn=SHARANJEET KAUR JASSALJASSAL Date: 2019.01.02 16:44:06 +05'30'