Lal Bahadur Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21861 MP

Madhya Pradesh High Court

Lal Bahadur Singh vs The State Of Madhya Pradesh on 19 December, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                            IN       THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 19 th OF DECEMBER, 2023
                                           MISC. CRIMINAL CASE No. 53574 of 2023

                           BETWEEN:-
                           LAL BAHADUR SINGH S/O SHRI INDRABHAN SINGH,
                           AGED ABOUT 55 YEARS, OCCUPATION: FARMING R/O
                           VILLAGAR AMARAHA SINHA TOLAS P.S. JANEH
                           DISTRICT REWA (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI NEERAJ SINGH CHOUHAN - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           JANEH DISTRICT REWA (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI C. M. TIWARI - GOVT. ADVOCATE)

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

1 . This is a repeat (fourth) application filed under Section 439 of

Cr.P.C. on behalf of applicant, who is in jail since 29.10.2022 in connection with Crime No. 183/2022, registered at Police Station Janeh District Rewa for the offence punishable under Section 436 of the IPC.

2 . Learned counsel appearing for the applicant submitted that applicant is in jail since 29.10.2022 for more than one year. Some of the material witnesses have been examined in the case and one Anil who is said to be eye witness of the case is not coming forward to give evidence in the case. It is

further submitted that applicant is ready to deposit Rs. 50,000/- before the trial

Court to show his bonafides. Considering the long period of custody, applicant may be enlarged on bail.

3 . Learned counsel appearing for the State has opposed the bail application and submitted that offence is punishable with life imprisonment and residential hut of the complainant was burnt by the applicant. In these circumstances, applicant may not be released on bail.

4. Heard learned counsel for the parties.

5. Considering the long period of custody and the fact that some of the material witnesses have been examined and they are hostile and also the fact that applicant is also ready to deposit Rs. 50,000/- before the trial Court, bail

application filed by the applicant is allowed on condition that applicant will mark his presence before concerned police station on first of every month.

6. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

7. In addition to that the applicant shall also abide by the conditions enumerated in Section 437 (3) of Cr. P. C..

8. Amount of Rs. 50,000/- be kept in FDR which will be subject to final judgment passed by the trial Court.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE AD/