Madhya Pradesh High Court

MCRC/4337/2024 of PATLIYA Vs THE STATE OF MADHYA PRADESH on 5 February 2024

Cites 0, Cited by 0

COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4337 of 2024

BETWEEN:-

PATLIYA S/O DEMA TADVI BHIL, AGED ABOUT 40YEARS, OCCUPATION: LABOR NAVAD FALYA SEJLA,THANA BISTHAN DISTRICT KHARGONE (MADHYAPRADESH)

(BY MS. ARCHANA MAHESHWARI - ADVOCATE)

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION BISTHANDISTRICT KHARGONE (MADHYA PRADESH)

.....APPLICANT

(BY SHRI TARUN PAGARE - G.A.)

.....RESPONDENT

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

This is first application under section 439 Cr.P.C. for grant of regular bail in connection with FIR No. 257/2023, registered at P.S. Bisthan, districtKhargone for the offence under section 302 of the IPC.

2. It is alleged that applicant along with other co-accused personscommitted murder of one Rukhadiya.

3. Counsel for the applicant submits that prosecution case is based on last seen evidence and circumstantial evidence. Counsel submits that last seenwitnesses namely Mayaram and Chainsingh have not mentioned his name.

Apart from that, there is no seizure except his shirt and his memorandum.

4 . Counsel for the State opposes the prayer for grant of bail bysubmitting that name of the applicant has been mentioned by co-accusedRamesh in his memorandum.

5. After hearing learned counsel for the parties and considering the factthat name of the applicant has not been mentioned by the last seen witnessesnamely Mayaram and Chainsingh and there is seizure of his shirt only, apartfrom that, prima facie there is no evidence. However, without expressing anyview on the merits of the case, the application is allowed.

6. It is directed that Applicant- Patliya shall be released from custodyupon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only)with one surety of the like amount to the satisfaction of the court below.

7. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.C.c. as per rules.

MK

(VIJAY KUMAR SHUKLA)JUDGE

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead