Anand vs The State Of Madhya Pradesh
2023 Latest Caselaw 1503 MP

                                                            1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 25 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 1364 of 2023

                          BETWEEN:-
                          ANAND S/O SHRI HARI SHANKAR BHOURE, AGED
                          ABOUT 26 YEARS, OCCUPATION: LABOUR, R/O VILLAGE
                          PIPARIYA NANDNA, POLICE STATION DAMUA AND
                          TEHSIL   JUNNARDEV,    DISTRICT  CHHINDWARA
                          (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI RAHUL KUMAR TRIPATHI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION DAMUA, DISTRICT CHHINDWARA (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI ABHAY SHANKAR PATHAK - GOVERNMENT ADVOCATE)

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

This is repeat (4th) bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 16.7.2022 in connection with Crime No.202/2022, registered at Police Station Damua, District Chhindwara (M.P.) for the offence punishable under Section 379 of IPC and Section 53(ka) of M.P. Minor and Mineral Act.

2. Earlier applications filed by applicant were considered and dismissed on merits.

Signature Not Verified

3. Counsel for applicant submitted that applicant is in jail since Signed by: SUNIL KUMAR PATEL Signing time: 1/25/2023 5:59:12 PM

16.07.2022. Offence is triable by Judicial Magistrate First Class. Case has already been fixed for pronouncing judgment, but judgment could not be passed as Court is not available. It is submitted that now, case has been fixed on 02.02.2023. Considering the period of custody and nature of offence said to have been committed by applicant, he may be enlarged on bail.

4. Learned Government Advocate appearing for State has opposed the application for grant of bail and submitted that five criminal cases are registered against the applicant. Considering the criminal antecedents of applicant and his involvement in illegal mining, he may not be enlarged on bail.

5. Heard the counsel for the parties.

6. Cases registered against the applicant are minor in nature. Applicant is in jail for over seven months. Offences committed by applicant are triable by Judicial Magistrate First Class.

7. Considering the aforesaid circumstances, bail application filed by the applicant is allowed.

8. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates fixed by that Court as and when directed.

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

10. Certified copy as per rules.

(VISHAL DHAGAT) Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 1/25/2023 5:59:12 PM

JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 1/25/2023 5:59:12 PM