eng
competition

Text Practice Mode

HIGH COURT TYPING CLASSES (DEWAS) Mob- 7415339871.

created Oct 21st 2021, 15:32 by RDVV


1


Rating

451 words
1 completed
00:00
Shri Rishiraj Trivedi, learned counsel for the applicant. Shri Vikas Jaiswal, learned Panel Lawyer for the respondent.  State of Madhya Pradesh. They are heard. Perused the case diary challan papers. This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.21/2021 registered at Police Station Balakwada District Khargone (MP) for offence punishable under Sections 489-A, 489-B, 489-C and 120-B of the Indian Penal Code, 1860. The applicant is in custody since 19.01.2021. The allegation against the applicant is that he was found in possession of Rs.3,00,000/- fake currency notes. Counsel for the applicant has submitted that the co-accused Sahil has already been granted bail vide order dated 06.09.2021 passed in M.Cr.C. No.36694/2021, co-accused Vijay @ Kanha has also been granted bail vide order dated 05.10.2021 passed in M.Cr.C. No.49718/2021 and the applicant is in jail since 19.01.2021 and although the charge sheet has been filed however there is no progress 2 MCRC No.50679/2021 in the trial and charge has not yet been framed.  
It is further submitted that the final conclusion of the trial is likely to take sufficiently long time as total around 30 witnesses are to be examined in court. Thus, it is submitted that the application be allowed and applicant be released on bail. Counsel for the respondent/State, on the other hand, has opposed the prayer however, it is not denied that there is no other criminal case registered against the applicant. On due consideration of submissions and on perusal of the case diary, this Court finds forced with the contentions raised by Counsel for the applicant, in the considered opinion of this Court the application deserves to be allowed on the ground of parity with other co-accused persons Sahil and Vijay @ Kanaha.  
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.1,00,000/- (Rupees One lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he 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. It is also observed that if the applicant is found to be involved 3 MCRC No.50679/2021 in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused in the present case also.

saving score / loading statistics ...