Madhya Pradesh High Court
MCRC/48664/2023 of GIRRAJ@GULLO Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
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. 48664 of 2023
BETWEEN:-
GIRRAJ@GULLO S/O SHRI MUNNA KHATIK, AGE 22YEARS, BY CASTE KHATIK OCCUPATION: LABOURING,R/O SHITLA GALI, KHADAN ROAD, DISTRICT MORENA(MADHYA PRADESH)
(BY SHRI OM PRAKASH MANJHI- ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION MAHARAJPURA DISTRICT GWALIOR(MADHYA PRADESH)
(BY SHRI A.K. NIRANKARI - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
Case diary is available.
Citations and Judicial Treatment
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…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 17.07.2023 in connection with CrimeNo.451/2023 registered by Police Station Maharajpura, District Gwalior foroffence punishable under Section 392 of IPC r/w Section 11/13 of MPDVPKAct.
4. It is submitted by the counsel for the applicant that it is a case of chainsnatching. It is submitted by counsel for applicant that applicant was notidentified in Test Identification Parade and no incriminating article has beenseized from the possession of applicant. He is in jail for last more than fivemonths. The trial is likely to take sufficiently long time and there is no possibilityof his absconding or tampering with prosecution case.
5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that applicant has criminal history of 19 cases.However, it is fairly conceded that he was not identified in Test IdentificationParade and no incriminating article has been seized from his possession.
6. Considering the totality of facts and circumstances of the case, butwithout commenting on the merits of the case, the bail application is allowed. Itis directed that the applicant shall be released on bail on furnishing personalbond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one surety inthe like amount to the satisfaction of the committal Court/trial Court to appearbefore the Court on the 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 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sentto the complainant.
9. Certified copy as per rules.
V. JUDGE