The State Of Madhya Pradesh vs Suresh
2021 Latest Caselaw 4095 MP

       The High Court Of Madhya Pradesh

                              CRA-157-2017
              (THE STATE OF MADHYA PRADESH Vs SURESH AND OTHERS)




Indore, Dated : 09-08-2021
      Heard through Video Conferencing.
      Ms. Mamta Shandilya, GA for the appellant/State.
      Mr. Bharat Sharma, learned counsel for the respondents.

Heard on I.A. no. 15801/2021, which is first application under section 389 of Cr.P.C filed on behalf of respondent nos. 1 Suresh and no. 3 Arjun

Appellant/State has filed present criminal appeal against the judgment of acquittal dated 13/08/2015 passed by learned Additional Sessions Judge, Indore in ST no. 559/2013 whereby respondents have been acquitted from the charges under section 302, 307, 450, 149, 148 and147 of IPC.

Learned counsel for the respondents/accused submits that they have been falsely implicated in this case and the trial Court has acquitted the appellants and all other accused persons. They are in jail for long time and have already detained in jail since last four years. As they have not marked their presence before this Court, Production warrant was issued against respondent nos. 1 and 3 on 13/04/2018, who were in jail in connection with some other case. In such circumstances, learned counsel for the respondent - accused prays for grant of bail to respondent nos. 1 and 3.

Per-contra, learned counsel for the appellant/State opposed the application and prays for its rejection. She further contends that as per the information received from Jail Superintendent, Central Jail, Indore vide letter dated 22/07/2021 and 23/07/2021, they were detained in jail in three other criminal cases and they were earlier released on bail in all the three cases.

Considering the aforesaid submissions made by learned counsel for the parties, looking the facts and circumstances of the case, as also the fact that, both the respondents/accused were released on bail in this criminal case and they were produced before this Court in compliance of production warrant issued against them, it would be appropriate to allow the application.

Accordingly, it is directed that, respondent no. 1 Suresh and no. 3 Arjun be released on bail, if not required in any other offence, on their furnishing bail bond in the sum of Rs. 50,000/- ( Rs. Fifty Thousand) each with separate sureties in the like amount to the satisfaction of the Trial Court concerned for their appearance before the Registry / office of this Court on 06th December, 2021 and on all other subsequent dates as may be fixed by the Registry/Office of this Court in this regard.

C c as per rules.

               (SUJOY PAUL )                          ( ANIL VERMA)
                 JUDGE                                    JUDGE


Digitally signed by
AMOL N MAHANAG
Date: 2021.08.10
16:36:54 +05'30'