Panjab vs The State Of Madhya Pradesh
2021 Latest Caselaw 7788 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-56392-2021 Panjab Vs. State of MP

Gwalior, Dated: 24-11-2021

Shri J.S. Rathore, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This first application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 21.09.2021 in connection

with Crime No. 160/2021 registered by Police Station Amola Distt.

Shivpuri for offence punishable under Section 392 of IPC and under

Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, two masked persons had looted the complainant

by taking away his bag containing Rs. 70,000/-, key of bank, lunch

box, mobile as well as key of motorcycle. It is submitted that the only

allegation against the applicant is that he had given information to the

co-accused persons and he was involved in rekee of the complainant.

He is in jail from 21.09.2021. There is no substantive evidence against

the applicant. The Trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that on the basis

of memorandum of the applicant himself, it is clear that the applicant

THE HIGH COURT OF MADHYA PRADESH MCRC-56392-2021 Panjab Vs. State of MP

was involved in the rekee. It is submitted that the applicant has no

criminal history.

Considered the submissions made by the Counsel for the

parties.

Considering the period of detention, and without commenting

on the merits of the case, the application is 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) 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) Judge

ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc13

RAHMAN 3f1b56faa63e77b, pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342048B 7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.24 16:48:14 -08'00'