Citation : 2023 Latest Caselaw 13734 MP
Judgement Date : 22 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 22 nd OF AUGUST, 2023
MISC. CRIMINAL CASE No. 35683 of 2023
BETWEEN:-
SANJAY BHALAVI S/O RAMLAL BHALAVI, AGED ABOUT
45 YEARS, OCCUPATION: AGRICULTURE CASTE GOND
OCCUPATION AGRICULTURE R/O VILLAGE JAGPUR
THANA WARASEONI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI NITIN SHUKLA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH THANA
BIRSA DISTRICT BALAGHAT (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C.S. PARMAR - GOVERNMENT 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
Code of Criminal Procedure for grant of regular bail, who is in jail since 11.05.2023 relating to FIR No.60/2023 registered at Police Station Birsa District Balaghat (M.P.) for the offences 419, 420, 384, 34, 467, 468, 471 and 120-B of the Indian Penal Code.
2. Learned counsel appearing for the applicant submitted that the applicant is innocent and has falsely been implicated in the case. It is further submitted that co-accused in the case namely Madhu Uike has been released on
Signature Not Verified bail in M.Cr.C. No.29051/2023 vide order dated 25.07.2023. In view of the Signed by: PANKAJ NAGLE Signing time: 23-08-2023 17:17:22
same, the applicant may also be granted bail on the same conditions.
3. Learned Government Advocate appearing for the State opposed the application for grant of bail.
4. Heard the counsel for the parties.
5. In the present case, investigation is complete and charge sheet has been filed. Co-accused in the case has already been granted bail and case of the applicant is on parity with co-accused.
6. Considering the nature of offence and fact that applicant is in jail since 11.05.2023 and investigation is complete, bail application filed by the applicant is allowed on condition that applicant will deposit an amount of Rs.5,000/-
(Rupees Five Thousand Only) before the trial court. Said amount will be subject to final judgment which will be passed by the trial court.
7. It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with one solvent surety in the like amount to the satisfaction of the trial court.
8 . In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE pn
Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 23-08-2023 17:17:22
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