Madhya Pradesh High Court
MCRC/54103/2023 of ISLAM 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 SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 54103 of 2023
BETWEEN:-
ISLAM S/O SHRI JAHANGEER, AGED ABOUT 30 YEARS,R/O BANIYATOR DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI D.S. RANA- ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION BHITARWAR DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI PRABHAKAR KUSHWHA- PANEL LAWYER FORRESPONDENT/STATE)
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
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ORDER
They are heard. Perused the case diary / challan papers.
2] This is the first bail application filed by the applicant under Section439 of Cr.P.C. as he is implicated in connection with Crime No.350/2019registered at Police Station Bhitarwar, District Gwalior (M.P.) for offencepunishable under Sections 329, 325, 294, 324, 327, 323 and 34 of IPC. Theapplicant is in custody since 04/10/2023.
3. The allegation against the applicant is of involvement the aforesaid case.
4. Counsel for the applicant has submitted that the applicant is arrestedon 04.10.2023although he was earlier granted bail by trial court itself, howeverhe could not appear before the trial court and jumped the bail. He is againarrested and is lodged in jail. Counsel has submitted that the applicant had goneto earn his livelihood and hence he could not mark his appearance. Thus, it isprayed that the application be allowed and applicant be released on bail.
5. Counsel for the State has opposed the prayer.
6 . Having considered rival submissions, perusal of the case-diary andthe fact that the applicant was earlier granted bail by the trial court and finalconclusion of the trial is likely to take sufficient long time, this Court is inclinedto allow the application.
7. Accordingly, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amountto the satisfaction of the trial Court for his/her regular appearance before thetrial Court during trial with a condition that he/she shall remain present beforethe Court concerned during trial and shall also abide by the conditionsenumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.
shivani
(SUBODH ABHYANKAR)V.JUDGE