Madhya Pradesh High Court

MCRC/54554/2023 of PAN 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 GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)

MISCELLANEOUS CRIMINAL CASE No. 54554 of 2023

BETWEEN:-

PAN SINGH S/O SEETARAM KUSHWAH, AGE 24 YEARS,R/O WARD NO.4 P.S. RAUN DISTRICT BHIND (MADHYAPRADESH)

(BY MS. DEEPA CHAUHAN - ADVOCATE)

.....APPLICANT

AND

STATE OF MADHYA PRADESH THROUGH POLICESTATION RAUN DISTRICT BHIND (MADHYA PRADESH)

(BY SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR)

.....RESPONDENT

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

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ORDER

2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

3. Applicant has been arrested on 28.09.2023 in connection with Crime No.224/2023 registered by Police Station Raun, District Bhind for offencepunishable under Section 25(1-B)A of Arms Act.

4. It is submitted by the counsel for the applicant that according to theprosecution case, the applicant was found in possession of one country made pistol with one live cartridge. Applicant is in jail for the last three months. Thetrial is likely to take sufficiently long time and there is no possibility of hisabsconding or tampering with prosecution case.

5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that applicant has a criminal history and three morecriminal cases i.e. Crime No.223/2023 for offence under Sections 457, 380 ofIPC, Crime No.222/2023 for offence under Sections 457, 380 of IPC andCrime No.63/2022 for offence under Sections 379 of IPC were registeredagainst him.

6. Considering the period of detention, but without commenting on themerits of the case, the bail application is allowed. It is directed that theapplicant shall be released on bail on furnishing personal bond in the sum ofRs.1,00,000/- (Rupees One Lac only) with one surety in the like amount tothe satisfaction of the committal Court/trial Court to appear before the Court onthe dates given by the concerned Court.

7. This order shall remain effective till the end of trial but in case of bailjump, it shall become ineffective.

8. In the light of the judgment passed by the Supreme Court in the caseo f Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sentto the complainant.

9. Certified copy as per rules.

Aman

(G.S. AHLUWALIA)V. JUDGE

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