Madhya Pradesh High Court

MCRC/53140/2023 of BANTI SINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023

MISC. CRIMINAL CASE No. 53140 of 2023

BETWEEN:-

BANTI SINGH S/O RAN SINGH, AGED ABOUT 40 YEARS,JATI- THAKUR, R/O GRAM TAL KA PURA TEH AMBAHDISTRICT MORENA (MADHYA PRADESH)

(BY SHRI PURAN KUMAR KULSHRESTHA- ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICETHANA PORSA DISTRICT MORENA (MADHYAPRADESH)

(MADHYA

(BY SHRI PRABHAKAR KUSHWAHA- PANEL LAWYER)

.....RESPONDENT

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

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ORDER

1. They are heard. Perused the case diary /challan papers.

2. This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with CrimeNo.61/2015 registered at Police Station Porsa, District Morena (MP) foroffence punishable under Sections 399, 400, 402 of IPC and Sections 25,25of Arms Act and Sections 11,33 of MPDVPK Act. . The applicant is in custody since 25.09.2023.

3. The allegation against the applicant is that he was involved in theaforesaid case of preparation of Dakoity.

4 . Learned counsel for the applicant submitted that the applicant wasnot aware that this offence was ever registered against him and the police neverapproached him. Counsel also submitted that applicant was involved in someother case, in the proceedings of which he has continuously participated andwas also acquitted in the aforesaid case which was registered at CrimeNo.02/2009 and Special Case100042/2015 which was decided finally on26.09.2022. Thus, it is submitted that since 2009 to 2022, the applicant hasmarked his appearance in the aforesaid case which has culminated into hisacquittal and there was no reason to for him not to mark his presence in thepresent case.The applicant is lodged in jail since 25.09.2023 , therefore, it isprayed that the application be allowed and the applicant be released on bail.

5. Counsel for the respondent/State, on the other hand has opposed theapplication and prays for its rejection and submitted that perpetual warrantswere issued against the petitioner and award of Rs.2000/- was also declared onhim. However, counsel could not deny that the applicant has appeared since2009 to 2020 in the other case in which he has already been acquitted.

6. In view of the same and considering the fact that the applicant islodged in jail since 25.09.2023 and the final conclusion of the trial is likely totake sufficient long time, this Court is of the considered opinion that furthercustody of the applicant is not necessary, but without reflecting anything on themerits of the case, the application filed under Section 439 of Cr.P.C. on behalfof the applicant is hereby allowed.

7. The applicant is directed to be released on bail upon furnishing apersonal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial

Court for his regular appearance before the trial Court during trial with acondition that he shall remain present before the court concerned during trialand shall also abide by the conditions enumerated under Section 437 (3)Criminal Procedure Code, 1973.

Vishal

(SUBODH ABHYANKAR)JUDGE

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