Madhya Pradesh High Court
MCRC/11801/2016 of JAGMOHAN Vs THE STATE OF MADHYA PRADESH on 29 December 2016
Dave, learned Counsel for the applicants.
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Arguments
29/12/2016
Shri Nilesh Dave, learned Counsel for the applicants.
Shri Romesh Dave, learned PL for the respondent/State.
This is first application under Section 439 of the Cr.P.C. The applicants Jagmohan and Govind, have been arrested in Crime No.543/2016 registered at Police Station Narsinghgad District Rajgad M.P., for the offence punishable under Section 436/34 of IPC.
As per prosecution story it is alleged that applicant and co-accused Chandersingh on the night of 03-04/10/2016 set ablaze the hut of Smt.Suganbai which is situated at Village Kishorepura and heap of cow dung cake of Brijmohan. Due to fire 30 plastic pipes, bhusa and other articles were destroyed.
Learned Counsel for the applicant submitted that applicants are innocent due to enmity they have been falsely implicated in the case. Charge sheet has been filed. Trial will take time. The applicants be enlarged on bail.
The prayer is opposed by learned PL for the respondent/State.
Case diary perused.
Looking to the facts and circumstances of the case, and the fact that the charge sheet has been filed trial will take time. The applicants are in custody since 7.10.2016, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) each only with separate sureties in the like amount to the satisfaction of the Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicants:- The applicants will comply with all the terms and conditions of the bond executed by them; The applicants will cooperate in the investigation/trial, as the case may be; The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; The applicants shall not commit an offence similar to the offence of which they are accused;The applicants will not seek unnecessary adjournments during the trial; and The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(Rajeev Kumar Dubey)Vacation Judge
M.Jilla.