Lakhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8195 MP

                                                               1
                            IN    THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                   ON THE 5 th OF JUNE, 2023
                                          MISC. CRIMINAL CASE No. 18804 of 2023

                           BETWEEN:-
                           LAKHAN S/O RAMCHANDRA MALVIYA, AGED ABOUT
                           26 YEARS, OCCUPATION: LABOR, R/O: GRAM JUNAPANI
                           KHEDA, P.S. TARANA, DISTT. UJJAIN (MADHYA
                           PRADESH)

                                                                                            .....APPLICANT
                           (BY MR. GOVIND PAL SINGH SONGARA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION KOTWALI,
                           DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (BY MS. BHARTI LAKKAD - GOVERNMENT ADVOCATE)

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

They are heard. Perused the case diary / challan papers. This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.09/2016 registered at Police Station Kotwali, District Shajapur (MP) for offence punishable under Section 379 of IPC. The applicant is in custody since 18.04.2023.

The allegation against the applicant is of theft. Counsel for the applicant has submitted that it is a case of bail jump as Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 06-06-2023 14:39:22

the applicant was initially granted bail by the trial Court in the year 2016, however, he could not mark his presence before the trial Court because he could not contact his advocate and therefore, he could not attend the trial. Subsequently, he has been arrested on 18.04.2023. It is submitted that other co- accused has already been acquitted in this case. The judgment is also placed on record. It is submitted that the final disposal of the case is likely to take sufficient long time. Thus, the application be allowed.

Counsel for the State has opposed the prayer, however, it is not denied that during the planning time the applicant was absconding and he has not committed any offence as per record.

On due consideration of submissions and on perusal of the case diary, this Court finds force with the submissions as advanced by the counsel for the applicant to allow the application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.

(SUBODH ABHYANKAR) V. JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 06-06-2023 14:39:22

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 06-06-2023 14:39:22