Mohammad Salim vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers. This is the applicant's repeat (Second) application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.625/2021, registered at Police Station Kasrawad, District Khargone (MP) for offence punishable under Sections 489 (B) and 389 (C) of the Indian Penal Code, 1860. His first application MCRC No.20615/2022 has already been dismissed on merits by this Court vide order dated 14.06.2022.

The applicant is in custody since 31.10.2021.

The allegation against the applicant is that from the possession of the present applicant fake Indian currency notes to the tune of Rs.24,00,000/- (rupees twenty four lakhs) have been seized.

Counsel for the applicant has submitted that there are no criminal antecedents against the applicant and he is lodged in jail since last around more than one year and till date not a single witness has been examined in the trial Court, whereas fifteen prosecution witnesses have been cited by the prosecution.

Under these circumstances, counsel for the applicant has submitted that the present bail application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that as per case diary, there appears to be some cases registered against the applicant, however, the details are not available in the case diary.

In rebuttal, counsel for the applicant has submitted that no case has been registered against the applicant and conditional bail may be granted to the applicant, as criminal antecedents of the applicant can be verified by the lower Court itself.

On due consideration of the rival submissions and perusal of the record as also considering the fact that the applicant is lodged in jail since 31.10.2021 and not a single witness has been examined, this Court finds it expedient to allow the present application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is 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) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he 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 made clear that while furnishing bail bonds on behalf the applicant, the trial Court shall verify the criminal antecedents of the applicant and if it is found that he is earlier involved in any other case, this bail order shall stand cancelled, without further reference to this Court.

It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order, without further reference to this Court.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.