Lala vs State Of Madhya Pradesh

Anil Verma, J

This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.11/2018 registered at Police Station Nai Abadi, District Mandsaur (M.P.) for the offence under Sections 420, 467, 468, 471, 472, 120-B, 34, 506 of the Indian Penal Code, 1860. The applicant is in custody since 01.05.2023.

As per the prosecution case, one Yashwant and Chandrashekar have taken the complainant for the purpose of showing one plot allegedly owned by one Prahlad and at that place the applicant was standing there and subsequently the complainant purchased the plot from Prahlad for Rs.1,51,000/- by account payee cheque to Prahlad and it was subsequently found out that the lease deed executed in favour of the complainant is false and fabricated. The present applicant has been implicated and his enlarged on bail and then on account of his non-appearance before the trial court on 20.063.2023 arrest warrant has been issued and his regular bail application is dismissed by the trial Court.

Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the matter. Earlier he was enlarged on bail vide order dated 07.06.2008 passed in M.Cr.C No.21419/2018 passed by co-ordinate bench of this court. He could not appear before the trial court on 20.03.2023, therefore, arrest warrant has been issued. This is a case of bail jump. He is in custody since 1.5.2023. He has permanent resident of District Mandsaur. Hence, he be enlarged on bail.

Per contra, learned counsel for the respondent/state has opposed the prayer and prays for its rejection by submitting that the applicant has violated the terms and conditions of the bail. He may repeat the same if he is enlarged on bail. Hence, he be not enlarged on bail.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact the applicant has already suffered 21 days in jail in default of non-appearance before the trial court and final conclusion of trial will take considerable long time. Hence, I deem it proper to release the applicant on bail. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

In case, if the applicant again fails for appear before the trial Court, the trial court shall be free to proceed against the applicant, under section 446 Cr.P.C for forfeiture of amount of bail bond.

Certified copy as per rules.