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Judgment
11 paragraphs · 378 wordsSubodh Abhyankar, J
They are heard. Perused the case-diary.
This is the second bail application filed by applicants under Section 439 of Criminal Procedure Code, 1973 as they are implicated in connection with Crime No.269/2021 registered at Police Station - Pipaliyamandi, District - Mandsaur (MP) for offence punishable under Sections 304, 308, 328, 109, 201 and 34 of IPC; and Sections 49-A & 42 of M.P. Excise Act. The applicants are in custody since 03.08.2021.
Their first bail application has already been dismissed on merits vide order dated 25.03.2022 passed in M.Cr.C. No.6112 of 2022 with liberty to renew the prayer after completion of one year's incarceration.
Counsel for the applicants has submitted that the applicants are in custody since 03.08.2021 and as such they have already completed one year of incarceration. Counsel has also submitted that the identically placed co-accused persons in different crime number have already been released on bail. Thus, it is prayed that the applicants be also released on bail.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
Heard. On due consideration of submissions and on perusal of the case-diary as also the earlier order dated 25.03.2022 passed in M.Cr.C. No.6112 of 2022, this Court finds force with the contentions raised by the counsel for the applicants to allow the application.
Accordingly, without adverting to the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) each with separate 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.
It is also observed that if the applicants are found to be involved in any of the criminal activities, after their release on bail, then the learned judge of the trial Court shall, after giving an opportunity of hearing to the applicants, be at liberty to cancel this bail order without further reference to this Court.
Application stands allowed.
Certified copy as per rules.