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Judgment
11 paragraphs · 394 wordsSubodh Abhyankar, J
They are heard and perused the case diary.
This is the applicant’s second bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.54/2022 registered at Police Station-Khategaon, District-Dewas(MP) for offence punishable under Sections 420, 468, 471 & 379 of the IPC. The applicant is in custody since 28.1.2022.
Applicant's first bail application M.Cr.C.No.7247/2022 was dismissed by this Court as withdraw with liberty to renew his prayer after filing of the charge sheet.
Counsel for the applicant has submitted that subsequently the charge sheet has been filed in the trial court on 21.3.2022. It is further submitted that the applicant is in jail since 28.1.2022 and the final conclusion of the trial is likely to take long time. So far as the merits of the case are concerned, the applicant was found in possession of a truck loaded with sand on which no royalty was permitted. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail
Counsel for the State, on the other hand, has opposed the prayer.
On due consideration of the rival submissions and on perusal of the case diary, this Court finds force with the contention raised by the counsel for the applicant. Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.
The applicant is directed to be released on bail upon furnishing a 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/her regular appearance before the trial Court during trial with a condition that he / she 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 further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.