Makhan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6657 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 20094/2022
          (MAKHAN SINGH Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 04/05/2022

      Shri S.K. Mishra, Counsel for applicant.

      Shri P.P.S. Vajeeta, Counsel for State.

      Shri Shailendra Singh, Counsel for complainant.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 08.10.2021 in connection

with Crime No.99/2021 registered by Police Station Dimni District

Morena, for offence punishable under Sections 307, 323, 336, 294, 34

of IPC.

      It is submitted by Counsel for applicant that he is in jail from

08.10.2021. According to the prosecution case, the applicant had

given a spear blow on the chest of the injured Ajay. Although the

ocular evidence is corroborated by the medical evidence but he is in

jail for the last more than six months. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution case.

      Per contra, the application is opposed by the Counsel for the

respondent/State. It is submitted that as per the case diary, the

applicant has no criminal history.

Heard the learned counsel for the parties.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 20094/2022 (MAKHAN SINGH Vs THE STATE OF MADHYA PRADESH)

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 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.05.04 17:43:15 +05'30'