Torab vs The State Of Madhya Pradesh
2023 Latest Caselaw 13739 MP

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                            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. 17833 of 2023

                           BETWEEN:-
                           TORAB S/O MUSTAFA SARKAR, AGED ABOUT 25 YEARS,
                           OCCUPATION:   LABOUR   RESIDENT    MALNACHA
                           VILLAGE MALOOM SHAH NAVA POLICE STATION
                           TOPUN DISTRICT SOUTH DINAJPUR WEST BENGAL
                           (WEST BENGAL)

                                                                               .....APPLICANT
                           (BY SHRI RAJMANI MISHRA, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION SEMARIYA DISTRICT PANNA (M.P.) (MADHYA
                           PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI D. K. PAROHA, GOVT. ADVOCATE)

                                       MISC. CRIMINAL CASE No. 18379 of 2023

                           BETWEEN:-
                           MUNJAR S/O KAFILUDDIN SARKAR, AGED ABOUT 21
                           YEAR S, OCCUPATION: LABOUR RESIDENT VILLAGE
                           MALANCHA P.S.     TAUPUN  DISTRICT DAKSHIN
                           DINAJPUR WEST BENGAL (WEST BENGAL)

                                                                               .....APPLICANT
                           (BY SHRI RAJMANI MISHRA, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION SEMARIYA DISTRICT PANNA M.P. (MADHYA
                           PRADESH)

                                                                            .....RESPONDENTS
Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 23-08-2023
14:26:49
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                           (BY SHRI D. K. PAROHA, GOVT. ADVOCATE)

                                  These applications coming on for admission this day, the court passed
                           the following:
                                                                ORDER

These are first applications filed by applicants under Section 439 of Code of Criminal Procedure for grant of regular bail to applicants who are in custody since 24.1.2023 and 28.3.2023 respectively relating to FIR/Crime No.305/2022, registered at Police Station-Semariya, District-Panna (MP) for the offence punishable under Sections 420 and 34 of IPC and Sections 43 and 66- D of I.T Act.

2. Learned counsel appearing for the applicants submitted that applicants

are first offender with no criminal past. Applicants are innocent and have falsely been implicated in the case. In these circumstances, applicants may be enlarged on bail.

4. Learned Government Advocate appearing for the State opposed the bail applications. It is submitted that applicants are not resident of Madhya Pradesh. There are chances that if applicants are released on bail then they may not be available for trial. In these circumstances applicants may not be released on bail.

5. Heard learned counsel for the parties.

6. Learned counsel for the applicants submitted that total amount of Rs.8,25,000/- is said to have been cheated from the complainant. In these circumstances applicants are ready to deposit their share in equal amount before the trial court.

7. Considering the aforesaid circumstances, bail applications filed by the applicants are allowed on condition that:- Signature Not Verified Signed by: MONSI M SIMON Signing time: 23-08-2023 14:26:49

(i) Each of the applicants will deposit a sum of Rs.2,42,000/- before the trial court. Said amount will be subject to final judgment which will be passed by the trial court.

(ii) Complainant will be entitled to withdraw the said amount on his furnishing security before the trial court.

8. It is directed that applicants shall be released on bail on each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety each in the like amount to the satisfaction of the trial court. If applicants are unable to find local surety then they will deposit a Bank Guarantee of Rs.1,00,000/- each before the trial court, which will be forfeited by the State if applicants do not appear before the trial court on the dates fixed by it.

9 . In addition to aforesaid condition, the applicants shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 23-08-2023 14:26:49