Rama vs The State Of Madhya Pradesh
2021 Latest Caselaw 3813 MP

                                 1                             MCRC-32764-2021
        The High Court Of Madhya Pradesh
                  MCRC-32764-2021
                     (RAMA Vs THE STATE OF MADHYA PRADESH)

4
Indore, Dated : 31-07-2021
      Shri Pankaj Sohani, learned counsel for the applicant.
      Ms. Seema Maheshwari, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

This is the second repeat bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His first application was dismissed as

withdrawn vide order dated 15/03/2021 in M.Cr.C. No.51786/2020. The applicant is in custody since 04/08/2020 in connection with Crime No. 377/2016 registered at P.S., Bagh, District-Dhar for the offence punishable under Sections 394, 120-B of IPC.

As per prosecution story, an FIR was lodged on 20/12/2016 by the complainant Dharmendra Rathore r/o village Umari, who run a grocery shop there alleging that after having meals, he with his family were sleeping at around 00:05 am, he could hear somebody knocking on the door, when he woke up he found 3-4 unknown persons armed with lathi broke up the door

and threatened him with dire consequences if he did not part with the money. When he denied, accused persons snatched the mobile phone and cash from the complainant. Accordingly, case has been registered against the accused persons.

Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Investigation is complete and chargsheet has been filed. Applicant is in jail since 04/08/2020. He is no more required for custodial investigation. Other co-accused persons namely Nasoo, Udan Singh, Vesta, Magar Singh, Bahadur, Hukum and Vire Singh have been acquitted by the 2nd Additional Sessions Judge Kuchhi, District-Dhar vide judgment dated 09/12/2019 passed in Sessions Trial No.58/2017. Applicant 2 MCRC-32764-2021 has not been identified in Test Identification Parade and there is no recovery made from the present applicant. Due to long incarceration, the family is in penury and on the verge of starvation. Moreso, looking to prevailing Covid- 19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

P e r contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that applicant has as many as 10 criminal antecedents of similar nature viz. 08 cases of the year 2016, 01 case of the year 2019 and 01 case of the year 2020. Hence, no indulgence is warranted in the matter of grant of bail to the applicant.

At this stage, learned counsel for the applicant prays for time to seek instruction as regard status of criminal cases registered against the applicant.

Prayer allowed.

List this case after four weeks.

(ROHIT ARYA) JUDGE

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VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

CHATURVE GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20e

DI 67d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.07.31 18:06:58 +05'30'