Mohammad And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicants' first application under Section 439 of Criminal Procedure Code, 1973, as they are arrested in connection with Crime No.38/2023 registered at Police Station-Shujalpur City, District-Shajapur (MP) for offence punishable under Sections 341, 323, 325, 326,190, 34 of the IPC. The applicants are in custody since 18.3.2023 and 21.3.2023 respectively.

The allegation against the applicants is of assault to the complainant party in which two persons have been received fractures.

Counsel for the applicant has submitted that the charge sheet has already been filed and the applicants are lodged in jail since 18.03.2023 and 21.3.2023 respectively and no specific overt act has been attributed to the them. So far as the the allegation against the applicant No.2 is concerned, it is submitted that he only abused filthy language the complainant party. Thus, it is prayed that the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer. It is submitted that looking to the fractures suffered by two persons, no case for grant of bail is made out. However, it is not denied that the main allegations are of against the other co-accused persons. It is also submitted that there are other criminal cases registered against both the applicants.

In rebuttal, counsel for the applicants has submitted that against the applicant No.1 Mohd.Ali, four more cases were registered, in which he has already been acquitted.

On due consideration of rival submissions and perusal of the case-diary, considering the fractures suffered on left ulna bone and distal and radius, this Court is inclined to allow the bail application on certain stringent condition.

In view of the same, this Court is inclined to allow this bail application subject to deposit an amount of Rs.5,000/- (Rupees Five Thousand only) each by the applicants or any other persons on their behalf in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned Judge of the lower Court to be 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.

Accordingly, without adverting to the merits of the case, the applications filed by the applicants are hereby allowed.

T he applicants are directed to be released on bail upon furnishing a personal bond in the in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they 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.

Certified copy as per rules.