Suniya vs The State Of Madhya Pradesh
2023 Latest Caselaw 5874 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                 ON THE 11 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 11101 of 2023

                           BETWEEN:-
                           1.    SUNIYA S/O KASU, AGED ABOUT 40 YEARS,
                                 OCCUPATION: LABOR, R/O: GRAM JHAI, TEHSIL
                                 KUKSHI, DISTT. DHAR (MADHYA PRADESH)

                           2.    BALWANT @ BHALLA @ BALLA S/O MANGLIYA,
                                 AGED ABOUT 38 YEARS, OCCUPATION: LABOR,
                                 R/O: GRAM JHAI TEHSIL KUKSHI, DISTRICT
                                 DHAR (MADHYA PRADESH)

                                                                                         .....APPLICANTS
                           (BY SHRI SANJAY KUMAR SHARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BARWAH,
                           DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI RAHUL SOLANKI - GOVERNMENT ADVOCATE)

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

                           following:
                                                              ORDER

Heard on I.A. No.3515 of 2023, which is an application for dispensing with from filing certified copy of the impugned judgment, but later on certified copy has been filed by the counsel for the applicant. Therefore, I.A. No.3515 of 2023 stands disposed off being rendered infructuous.

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicants for grant of regular Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-04-2023 10:53:37

bail relating to Crime No.622/2022 registered at P.S. Barwah, District Khargone (M.P.) for commission of offence punishable under Sections 457 and 380 of the Indian Penal Code of 1860. They are in jail since 27.01.2023.

As per prosecution story, on 18.10.2022 complainant Sandeep lodged an FIR at P.S. Barwah by stating that he took her wife for delivery to Sanawad Hospital and there was no one at his house. On 19.10.2022, complainant received a phone call from his neighbour that lock of his door has been broken. Upon receiving this information, complainant came to his house and saw that all the stuffs were scattered and gold ornaments i.e. rings, earrings, etc and cash amount of Rs.35,000/- were missing from Godrej Almirah. Accordingly,

offence has been registered against the applicant.

Learned counsel for the applicants submits that the applicants are innocent persons and they have been falsely implicated in this offence. They are in custody since 27.01.2023. They are permanent resident of Dhar and are sole bread earner of his family. Investigation is over and charge-sheet has been filed. Offence is exclusively triable by JMFC. Hence, he prays that both the applicants be enlarged on bail.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that two criminal antecedents have been found against the applicant No.2 Balwant. He is a habitual offender. Hence, he does not deserve for bail.

Perused the impugned order of the trial Court as well as the case diary. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicants and also taking note of the fact that offence is exclusively triable by JMFC; investigation is over and charge-sheet has been filed, therefore, no Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-04-2023 10:53:37

further custodial interrogation of the applicants is required; no looted articles have been recovered from the possession of applicants; only some cash amount has been recovered from their possession but final conclusion of the trial will take sufficient long time. In view of the above, without commenting on the merits of the case, I deem it proper to release the applicants on bail.

Therefore, the application is allowed. It is directed that applicants be released on bail on their furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-04-2023 10:53:37