High CourtsSingle Bench

Devendra Singh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 July 2022 · Citation: (2022) 07 MP CK 0086

HON’BLE JUDGES
Gurpal Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 302, 397, 396 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25(1-B) (A)
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.33991 Of 2022
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Judgment

7 paragraphs · 199 words

Gurpal Singh Ahluwalia, J

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second application was dismissed as withdrawn by order dated 31/7/2021 passed in M.Cr.C. No.1725/2021.

The applicant has been arrested on 28/9/2018 in connection with Crime No.770/2018 registered at Police Station Bahodapur, District Gwalior for offence punishable under Sections 302, 397, 396, 120-B of IPC and Section 11/13 of the MPDVPK, Act and Section 25(1-B) (A) of the Arms Act.

SLP (Cri.) No.7046/2021 filed by co-accused Shakil has already been dismissed by the Supreme Court on 28/9/2021, however, the said fact is not mentioned in the details of the bail applications filed by the co-accused persons.

The present application has been filed mainly on the ground of ill-health. The Government Advocate, on the basis of health status report obtained from Superintendent, Central Jail, Gwalior submitted that the applicant is suffering from Pulmonary T.B. ON ATD / Anemia, for which he is being given treatment.

Since the treatment of the applicant is going on in jail, therefore, no case is made out for taking a contrary view in the matter. Accordingly, the application fails and is hereby dismissed.