Madhya Pradesh High Court

MCRC/22698/2015 of HAMEED @ LALA Vs THE STATE OF MADHYA PRADESH on 31 December 2015

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Vs THE STATE OF MADHYA PRADESH) 31-12-2015 Shri

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MCRC-22698-2015

(HAMEED @ LALAVs THE STATE OF MADHYA PRADESH)

31-12-2015

Shri S.K. Gangrade, Advocate for the applicant.

Shri Prakash Gupta, Panel lawyer for the State/respondent.Heard on admission.

Admit.

Case diary is available.

With the consent of the parties the case is heard finally.

This is the first bail application filed by the applicant underSection 439 of the Cr.P.C. for grant of bail.

The applicant is in custody in connection with CrimeNo.349/2015, registered at Police Station Timarni, District Harda,for the offence punishable under Section 392, IPC.

Learned counsel for the applicant submits that he has falsely beenimplicated in the case. It is further submitted by the learnedcounsel for the applicant that out of looted Rs.9500/-, amount ofRs.1,500/- is seized from the possession of the applicant Hameed@ Lala that too on information given by the co-accused Yasin. Theapplicant is in custody since 31.10.2015, having no past criminalantecedents. In view of the aforesaid, prayer is made to enlargethe applicant on bail.

On the other hand, learned Panel Lawyer for the respondent-Statehas vehemently opposed the application for grant of bail on theground that during Test Identification Parade, applicant Nazar Aliis duly identified.

Looking to the facts and circumstances of the case, withoutexpressing any view on merits of the case and considering the averments made by learned counsel for the parties, theapplication under Section 439 of Cr.P.C. may be accepted.Consequently, it is hereby allowed.

It is directed that the applicant- Hameed @ Lala bereleased on bail on furnishing a personal bond in the sum ofRs.25,000/- (Rupees Twenty Five Thousand only) with one solventsurety in the like amount to the satisfaction of the CommittalCourt/trial Court to appear before the concerned Court on thedates given by the concerned Court during trial.C.C. as per rules.

(SUBHASH KAKADE)JUDGE

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