Madhya Pradesh High Court
Dharmendra Panday vs The State Of Madhya Pradesh on 8 November, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.52902/2021
Dharmendra Pandey vs. State of M.P.
Gwalior, Dated : 08.11.2021
Shri J.S. Rathore, Counsel for the applicant.
Shri Manish Nayak, Counsel for the respondent/State.
None for the complainant.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. The first application was dismissed by order
dated 4.8.2021 passed in M.Cr.C.No.36605/2021.
The applicant has been arrested on 3.3.2021 in connection with
Crime No.101/2018 registered at Police Station Dabra, District
Gwalior for offence under Sections 420, 465, 466, 468, 120-B of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, Crime No.455/2017 was registered against the
applicant for offence under Sections 307, 326, 324, 323, 294, 341,
506, 34 of IPC and under Section 25/27 of the Arms Act. The
applicant was taken into custody in the said offence on 30.8.2017.
Although the applicant has been granted bail in the said offence but
he could not be released on bail because of the present criminal case.
It is submitted that although in the present case, the applicant has
been shown to be arrested on 3.3.2021 but for all practical purposes
he is in jail from 30.8.2017 as the present case is also the offshoot of
THE HIGH COURT OF MADHYA PRADESH
MCRC No.52902/2021
Dharmendra Pandey vs. State of M.P.
Crime No.455/2017. It is submitted that according to the prosecution
case, Crime No.455/2017 was registered against the applicant and his
wife Ragini Pandey. It is alleged that in order to create a false
evidence of plea of alibi of Ragini Pandey the applicant persuaded
and obtained the forged medical certificate from Civil Hospital
Dabra, District Gwalior to show that his wife Ragini Pandey was
admitted in the hospital and was not present on the spot at the time of
the incident. It is submitted that although there is no specific evidence
that it was the applicant who obtained forged medical certificate from
the co-accused but even in the present case he is in jail from 3.3.2021
whereas he is in jail from 30.8.2017 firstly in connection with Crime
No.455/2017 and now in the present case. It is submitted that under
the facts and circumstances of the case coupled with the long period
of detention, the prayer for bail may be considered sympathetically.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. It is submitted that the applicant had
obtained a forged medical certificate of his wife so that she can claim
false plea a alibi and in fact his wife Ragini Pandey had succeeded in
getting anticipatory bail from this Court which was ultimately
cancelled and the SLP filed by Ragini Pandey against the cancellation
of her anticipatory bail was also rejected.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.52902/2021
Dharmendra Pandey vs. State of M.P.
Considering the fact that the applicant is in jail from 3.3.2021
in connection with the present case coupled with the fact that he was
in jail from 30.8.2017 in connection with Crime No.455/2017 and he
has already completed four years of incarceration, the application
succeeds and is hereby allowed. It is directed that the applicant be
released on bail on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like
amount to the satisfaction of the Trial Court/Committal Court to
appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case
of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the
case of 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 sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Arun* Judge
ARUN KUMAR MISHRA
2021.11.08 18:11:22 +05'30'
