Ramji Patel @ Lallu vs The State Of Madhya Pradesh
2022 Latest Caselaw 7054 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 BEFORE
                     HON'BLE SMT. JUSTICE ANJULI PALO
                           ON THE 10th OF MAY, 2022

               MISC. CRIMINAL CASE No. 15170 of 2022

        Between:-
        RAMJI PATEL @ LALLU S/O SHRI GENDALAL
        PATEL , AGED ABOUT 28 YEARS, OCCUPATION:
        LABOUR R/O VILLAGE LATGAON, P.S. BADERA,
        TEHSIL MAIHAR, DISTRICT SATNA (M.P.)
        (MADHYA PRADESH)

                                                                  .....APPLICANT
        (BY SHRI Y.M. TIWARI, ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION MAIHAR DISTRICT SATNA
        M.P. (MADHYA PRADESH)

                                                              .....RESPONDENTS
        (BY SHRI ASHOK SINHA, GOVT. ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This is the first application filed by the applicant under Section 439 of the

Cr.P.C. seeking regular bail.

T he applicant is in custody since 16.7.2021 in connection with Crime No.783/2020 registered at P.S. Maihar, Distrist Satna for the offences punishable under Sections 394, 397 & 395 of IPC.

Learned Senior counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the case. Co-accused Mrigendra Singh and Rabi Patel have been acquitted by the trial Court vide judgment dated

24.12.2021 passed in S.T. No.236/2020. The applicant is in custody and trial will take considerable time to conclude, therefore, he may be released on bail.

Learned Government Advocate has opposed the application and stated that the applicant is a habitual offender. Previously some cases of similar nature have been registered against him.

I have heard learned counsel for the parties and gone through the case diary. As per the case of the prosecution, on 24.8.2020 complainant Umesh yadav was going from village Khundira to Ghunwara by a truck bearing No. GJ- 05-BU-0877 of R.K. Transport-Indore, at about 7:00 PM in the evening when he reached near a Bridge at N.H. 30 road, three unknown persons came on a

black Honda Shine Motorcycle, intercepted the Truck, started scuffling from the complainant and snatched Rs. 2000/- from him, thereafter fled away.

After due investigation, the charge sheet was filed against six persons. The applicant and co-accused Narayan Singh Patel remained absconded. The trial was conducted in respect of remaining accused persons and after trial, co- accused Mrigendra Singh and Rabi Patel have been acquitted by the trial Court vide judgment dated 24.12.2021 passed in S.T. No.236/2020.

Considering the overall facts and circumstances of the case and the fact that similarly placed co-accused persons have been acquitted after trial, I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant Ramji Patel @ Lallu shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.

(SMT. ANJULI PALO) JUDGE PB

Digitally signed by PRADYUMNA BARVE Date: 2022.05.10 19:07:15 +05'30'