Citation : 2021 Latest Caselaw 2568 MP
Judgement Date : 21 June, 2021
1 MCRC-14167-2021
The High Court Of Madhya Pradesh
MCRC-14167-2021
(AMRIT @ IMRAT Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 21-06-2021
Heard through Video Conferencing.
Shri Manish Datt, learned Senior Counsel with Shri Sidharth Datt,
learned counsel for the applicant.
Shri V. S. Choudhary, learned PL for the respondent/State.
This is first bail application filed under Section 439 of Cr.P.C. for grant
of bail to the applicant.
Applicant has been arrested on 3.3.2021 in connection with Crime No.559/2020 registered at Police Station Nepanagar, District Burhanpur (M.P.) for commission of offence punishable under Section 379 of the IPC and Section 26(1) and 41 of the Forest Act.
It is submitted by learned Senior Counsel appearing for applicant that applicant has been made accused in the case on the basis of memorandum. No recovery has been made from the applicant. Recovery of wooden logs of teak tree has been made from co-accused Yusuf. It is further submitted by
learned Senior Counsel that there were some prohibitory proceedings against the applicant that were four in number which has come to an end. Eight criminal cases were registered against the applicant but applicant has already been acquitted in said cases. It is submitted by him that he has filed copies of the judgment showing acquittal of the applicant in the cases. It is also submitted that the last criminal case which was registered against the applicant was in respect of Crime No.462/2017 in which he has been acquitted on 7.3.2020. It is submitted that no other criminal case is pending against the applicant except the present one. In the circumstances, he prays for grant of bail to the applicant.
Learned Panel Lawyer appearing for State opposed the application for grant of bail. It is submitted by him that applicant is having criminal record Signature Not SAN Verified and he was continuously involved in criminal activities. At present applicant Digitally signed by MONSI M SIMON Date: 2021.06.22 10:39:57 IST 2 MCRC-14167-2021 is involved in a forest offence for cutting of trees. Offence is very serious in the present circumstances of the case, therefore, the application may be rejected.
Heard the learned counsel for the parties.
Considering the fact that co-accused in the case Yusuf against which
recovery has been made, has already been released on bail and the totality of facts and circumstances of the case, bail application filed by applicant is allowed.
It is directed that applicant Amrit @ Imrat shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court.
The applicant shall abide by the conditions enumerated in Section 437 (3) of Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
mms
Signature
SAN Not
Verified
Digitally signed by
MONSI M SIMON
Date: 2021.06.22
10:39:57 IST
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