Ramji Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 19689 MP

Madhya Pradesh High Court

Ramji Saket vs The State Of Madhya Pradesh on 24 November, 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 24 th OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 51387 of 2023

                           BETWEEN:-
                           RAMJI SAKET S/O SHRI GOVIND SAKET, AGED ABOUT
                           35  YEARS, OCCUPATION: LABOUR R/O VILLAGE
                           ITORAP.S. RAMPUR BAGHELAN DISTRICT SATNA
                           (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI RAVINANDAN DWIVEDI - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           S TATI O N RAMPUR BAGHELAN DISTRICT SATNA
                           (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI S.K.RAI - GOVT. ADVOCATE)

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

This is second bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No.637/2023, registered at Police Station-Rampur Baghelan District-Satna (MP) for the offence punishable under Sections 379, 34 of IPC & 136 of Electricity Act.

2. Learned counsel appearing for the applicant submitted that offence is not serious in nature and is triable by Judicial Magistrate First Class and is punishable with imprisonment of three years. In these circumstances, applicant

may be granted bail.

3. Learned Government Advocate appearing for the State opposed the bail application and submitted that though applicant is not having any criminal record at present but police has submitted it's requisition for arresting him in other crime numbers also, which shows that he is involved in cases of theft of similar nature. Applicant along with other co-accused is committing available theft of electric poles, which is disturbing the public services and also damaging the public property. In these circumstances, applicant may not be released on bail.

5. Heard learned counsel for the parties.

6. Though offence committed by applicant is not serious in nature but the consequences of said offence affect public services at large and there is also damage to public property.

7. Considering aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed on following conditions :

(i) The applicant will deposit an amount of Rs.25,000/- (Rs Twenty Five Thousand only) before the trial Court.

(ii) Said amount be kept in FDR with a nationalized bank by trial Court.

(iii) Said amount will be subject to final judgment and trial Court will pass the order of disposal of FDR in accordance with judgment which may be passed in the case.

(iv) If applicant is convicted in said offence, then said amount be confiscated in favour of State Government.

(v) It is made clear that no further application shall be entertained for modification of conditions of bail order.

8. It is directed that on deposit of aforesaid amount, 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 surety in the like amount to the

satisfaction of the trial court.

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

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd