Mungabai And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

2 ] This is the first bail application filed by the applicants under Section 439 of Criminal Procedure Code, 1973, as they are implicated in connection with Crime No.701/2023 registered at Police Station Khargone, (MP) for offence punishable under Section 379 of IPC. The applicant is in custody since 06.03.2024.

3 ] The allegations against the applicants is that they were also involved in the aforesaid case of theft wherein Rs.1,52,000/- were stolen from the complainant while he had gone into a shop after parking his motorcycle. It is alleged that the money, which was stolen from the bag, which was kept on the motorcycle of the complainant.

4] Counsel for the applicants has submitted that both the applicants are lodged in jail since 06.03.2024 and the charge-sheet has already been filed and the final conclusion of trial is likely to take sufficient long time. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer and it is submitted that from the possession of applicants Rs.4,000/- and Rs.5,000/- have been recovered respectively. Thus, no case for grant of bail is made out.

6] Having considered the rival submissions, perusal of the case-diary and looking to the seizure effected from the present applicants and considering the fact that both of them are women, this Court is inclined to allow the present application.

7] Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicants are directed to be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand) each with separate solvent surety in the like amount to the satisfaction of the Trial Court for their appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

C.c. as per rules.