Munna vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is applicant's first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.338/2019 registered at Police Station Bag, District Dhar (MP) for offence punishable under Sections 420, 467, 468, 471, 193 and 120-B of the IPC. The applicant is in custody since 06/07/2019.

The applicant is involved in the aforesaid offence whereby a conspiracy was hatched by the accused persons to obtain insurance claims from various Insurance Companies by forging documents, lodging false FIR, by preparing false postmortem report and depicting the deceased who has died due to old age and illness, as the accidental death arising out of a motor vehicle accident.

Learned counsel for the applicant has submitted that co-accused Santosh Rathore and other co-accused persons have already been granted bail in M.Cr.C. No.24972/2021 vide common order dated 17/06/2021 and the case of the applicant is akin to that of co-accused Santosh who has been granted bail. It is further submitted that the applicant is in jail since 06/07/2019, charge sheet has already been filed and the final conclusion of the trial is likely to take sufficiently long time. Therefore, it is prayed that the application be allowed and the applicant be released on bail on the ground of parity.

Learned counsel for the respondent/State, on the other hand, has opposed the prayer. However, it is not denied that under identical circumstances, the co-accused persons have been granted bail by this Court.

Having consideration rival submissions, perusal of the case diary and taking note of the fact that the applicant is in jail since 06/07/2019, co-accused has already been released on bail and the final conclusion of the trial is likely 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.1,00,000/- (rupees one lakh) 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 made clear 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.