Chunnilal vs State Of Madhya Pradesh

This is the third bail application under Section 439 of Cr.P.C. filed by the present applicant, who is in custody since 7.4.2018 in connection with Crime No.135/2018 registered at Police Station Gotegaon, district Narsinghpur for the offences under Sections 294, 323, 326 and 506 of IPC.

Earlier application, i.e. M.Cr.C. No. 22547 of 2018 was dismissed on 6.8.2018 with liberty  to renew the prayer after  injured witnesses are examined.

Learned counsel for  the applicant fairly submits  that subsequently the injured witnesses have been examined on 20.8.2018 and has deposed against the applicant only.

Learned counsel for the applicants submits that subsequent to the last  deposition the matter has been compromised beteeen the parties and an affidavit has also been filed in that regard.

An application under Section 320 (2) of Cr.P.C has also been filed before the trial court.

Learned counsel for the State submits that the injured  witness received injuries for which he was hospitalized for two days  and  there was hair fracture.

It is an  admitted fact that the applicant is in jail since 7.4.2018 and he has no criminal antecedents.

On the other hand learned counsel for the State has opposed the prayer of the applicant.

Considering the rival contentions raised by the learned counsel for the parties and going the case diary, this Court finds force in the contention raised by the learned counsel for the applicant, and thus without expressing any opinion on the merits of the case, the application of the present applicant is hereby allowed subject to deposit a sum of Rs.20,000/- before the CJM, Gotegaon.

It is directed that if applicant Chunnilal deposits a sum of Rs.20,000/-(Rupees twenty thousand) in a fixed deposit in a nationalized bank and produces receipt of the same before the concerned CJM, he shall be released on bail on his furnishing a bond in sum of Rs.50,000/- (Rupees fifty thousand only) with one surety bond of the same amount to the satisfaction of the CJM/trial Court, to appear before the trial Court on the dates given by the Court.

Apart from the above mentioned conditions, the applicant shall further abide by the following conditions:-

The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade them from disclosing such facts to the Court or to any police officer;

The applicant shall not leave India without the previous permission of the Court; and

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The aforesaid amount of Rs.20,000/- so deposited by the applicant shall be subject to the final outcome of the case by the trial Court.

With the aforesaid, the present application filed under Section 439 of Cr.P.C. is hereby disposed.

Certified copy as per rules.