Prakhar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7425 MP

                                                            1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 19th OF MAY, 2022

                                      MISC. CRIMINAL CASE No. 25185 of 2022

                               Between:-
                               PRAKHAR SHARMA S/O SHRI KRISHNADEEP
                               PRAKASH SHARMA, AGED ABOUT 18 YEARS,
                               OCCUPATION:   STUDENT      R/O BEHIND
                               PANCHWATI DHABA, P.S. CIVIL LINES,
                               DISTRICT CHHATARPUR (M.P.)

                                                                                             .....PETITIONER
                               (BY SHRI RAJKAMAL CHATURVEDI, ADVOCATE)

                               AND

                               THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION CITY KOTWALI DISTRICT-
                               CHHATARPUR (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                               (BY SHRI RAVINDRA KUMAR RAJPUT, PANEL LAWER)

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

T he present application has been filed under Section 482 of Cr.P.C

seeking modification/recalling of the order dated 04.05.2022 passed in M.Cr.C. No.20204/2022; whereby, the bail application filed by the applicant under Section 439 of Cr.P.C. was allowed by imposing a condition that subject to verification of the fact that the applicant is the first offender.

At the time of furnishing of the bail bonds when the aforesaid aspect was

Signature SAN Not verified, it was pointed out that the present applicant is not the first offender Verified

Digitally signed by having one criminal case registered as Criminal Case No.33/2019. KRISHAN KUMAR CHOUKSEY Date: 2022.05.20 12:06:03 IST

It is pointed out that in the aforesaid case the applicant was acquitted vide judgment dated 10.5.2019 passed by Juvenile Justice Board, Chhatarpur District Chhatarpur.

I n such circumstances, the order dated 04.05.2022 has rightly been passed so far as it relates to the condition mentioned in the aforesaid order but looking to the fact that applicant is acquitted from the charge alleged against him, this Court deems it appropriate to allow this application.

I n view of the aforesaid, the condition mentioned in the order to the effect that "subject to verification of the fact that the applicant is the first offender" is hereby deleted. The applicant is directed to be released on bail.

Rest of the terms and conditions of the order dated 04.05.2022 mentioned therein shall remain intact.

The order shall be read conjointly with the order dated 04.05.2022 passed in M.Cr.C.No.20204/2022.

With the aforesaid, this application stands disposed of. Certified copy as per rules.

A copy of this order be kept in the record of M.Cr.C. No.20204/2022.

(VISHAL MISHRA) V. JUDGE kkc