Madhya Pradesh High Court
MCRC/52500/2018 of CHHOTU Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-52500-2018 (CHHOTU
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The High Court Of Madhya PradeshMCRC-52500-2018
(CHHOTUVs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :[31][-][12][-][2018]
Shri Hemant Singh Rana, Counsel for the applicant.
Shri Yogesh Chaturvedi, Public Prosecutor for the respondent/State.Case diary is available.
This is second application under Section 439 of CrPC for grant of bail.
The first application was dismissed on 18/9/2018 passed in MCRCNo.37013/2018.
The applicant has been arrested on 28/8/2018 in connection with CrimeNo. 608/2018 registered at Police Station Dabra, District Gwalior for theoffences punishable under Sections 392 and 411 of the IPC and 11/13 of theMPDVPK Act.
It is submitted by the counsel for the applicant that the police aftercompleting the investigation has filed the charge-sheet. The applicant was notput forth for test identification parade. Even, according to the prosecutioncase, the applicant is the receipant of the stolen articles. A nose ring has beenseized from the possession of the applicant which has been duly identified bythe complainant but the applicant is in jail from 28/8/2018 and the trial is likelyto take sufficiently long time and there is no possibility of his absconding ortampering with the prosecution case.
Per contra, the applicant is opposed by the State counsel. However, itis fairly conceded by the State counsel that the applicant was not put forth fortest identification parade.
Considering the pretrial detention, the facts and circumstances of thecase and without commenting on merits of the case, the application isallowed. It is directed that the applicant be released on bail on his furnishing apersonal bond in the sum of Rs.40,000/- (Rs. Forth Thousand Only) withone surety in the like amount to the satisfaction of the trial Court/CommittalCourt to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
AKS
ALOK KUMAR
2018.12.31 14:36:17 +05'30'
(G.S. AHLUWALIA)
V. JUDGE