High CourtsSingle Bench

Lalta Prasad vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 December 2021 · Citation: (2021) 12 MP CK 0062

HON’BLE JUDGES
Sujoy Paul, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 120B, 420, 467, 468, 471
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No.62223 Of 2021
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Judgment

9 paragraphs · 281 words

Sujoy Paul, J

This is the third application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.84/2020 registered at Police Station - Kishanganj, District - Indore for the offence registered under Sections 420, 467, 468, 471 and 120-B, 34 of the Indian Penal Code. The applicant is in custody since 09.02.2020.

Learned counsel for the applicant submits that after dismissal of his previous application, M.Cr.C. No.32882/2021 on 07.07.2021, this Court granted bail to similarly situated accused - Vinod in M.Cr.C. No.56810/2021 and Shailendra in M.Cr.C. No.55848/2021. On principle of parity, the applicant may be granted bail. The applicant is the first offender.

The prayer is opposed by learned Panel Lawyer for the respondent / State. However, he did not dispute that applicant is similarly situated qua Vinod and Shailendra who have been granted bail.

Considering the aforesaid and by applying principle of parity, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.

The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance as and when directed. He shall abide by the conditions enumerated under Section 437(3) of the Cr.P.C.

The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would result in cancellation of the bail granted by this Court.

With the aforesaid, the application stands disposed of.

Certified copy, as per Rules.