Madhya Pradesh High Court

Loli Pardi vs The State Of Madhya Pradesh on 3 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                1
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                     ON THE 3 rd OF MAY, 2024
                                            MISC. CRIMINAL CASE No. 14844 of 2024

                           BETWEEN:-
                           LOLI PARDI S/O SYAHU PARDI, AGED ABOUT 50 YEARS,
                           R/O GRAM MURADPUR CHAK THANA DHARNAVADA
                           DISTRICT GUNA (MADHYA PRADESH)

                                                                                              .....APPLICANT
                           (SHRI SATYENDRA SINGH RAJPUT, LEARNED COUNSEL FOR THE
                           PETITIONER .

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION THROUGH POLICE STATION DHARNAVADA
                           DISTRICT GUNA (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           ( MS. ABHA MISHRA - P.P. APPEARING ON BEHALF OF ADVOCATE
                           GENERAL.

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

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dharnavada, District Guna in connection with crime No. 198/2013 registered for the offence punishable under Section 307, 147, 148, 149, 294, 506-B of IPC. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. No role has been attributed upon the applicant to

cause injuries by means of Farsha on the head of the injured Ashok. The main accused Ashok, who inflicted grievous injuries on the injured Ashok has already been acquitted in S.T. No. 21/2014 vide judgment dated 11/06/2014. The applicant is in custody since 16/03/2024. Investigation stands completed by filing of the charge sheet and further custodial interrogation of the applicant may n o t be required. The applicant is permanent resident of District Guna. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the

application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar