Madhya Pradesh High Court
Punjab Singh vs State Of Madhya Pradesh on 16 February, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.7143/2022
Punjab Singh v. State of M.P.
Gwalior, Dated: 16.02.2022
Shri M.S. Rawat, Counsel for the applicant.
Shri Lokendra Shrivastava, Counsel for the respondent/State.
Case Diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 18.01.2022 in connection
with Crime No.8/2022 registered by Police Station Sehore Distt.
Shivpuri for offence punishable under Sections 379 of IPC.
It is submitted by the Counsel for the applicant that according
to the prosecution case, three Buffaloes, three calves worth Rs. 2.5
lacs went missing on 24.12.2021. It is submitted that the statement of
one Uttam Singh and Ajmer were recorded on 16.01.2022,
according to which, they have seen Chotu Solanki and Vakil Parihar
along with two more persons taking away the cattle. The applicant
Narendra Singh has been identified by the witnesses. However
nothing has been seized from his possession. As per his statement
recorded under Section 27 of the Evidence Act, the co-accused
Raghvendra Parihar had taken away the cattles and on next day gave
Rs.10,000/- each to all the co-accused persons, but the applicant
expressed his ignorance about the whereabouts of the cattle. It is
submitted that the entire case is based on ocular evidence with no
recovery. Further more, the cattles were stolen in the night of 25 th of
December, 2021 and the witnesses came forward for the first time on
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.7143/2022
Punjab Singh v. State of M.P.
16.01.2022 to say that they have seen two co-accused persons,
namely, Vakil Parihar and Chotu Solanki with two more persons
along with cattle. The applicant has no criminal history. The trial is
likely to take sufficiently long ti me 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.
Considering the facts and circumstances of the case, 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
RAHMAN
2022.02.16
17:49:38 +05'30'
