High CourtsSingle Bench

Rajveer @ Parth vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 6 February 2024 · Citation: (2024) 02 MP CK 0023

HON’BLE JUDGES
Milind Ramesh Phadke, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439, 482 · Indian Penal Code, 1860 — Section 392 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25, 27
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 5521 Of 2024
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Judgment

7 paragraphs · 279 words

Milind Ramesh Phadke, J

The present petition under Section 482 of Cr.P.C. has been filed for deleting the condition in order dated 26.06.2023 passed in M.C.R.C. No.23783/2023 by this Court.

Learned Counsel for the petitioner submitted that the respondent registered the case against the applicant under Section 392 of IPC r/w Section 11/13 MPDVPK Act and 25, 27 of Arms Act in connection with Crime No.207/2022 registered at P.S. Pichore District Gwalior for which the petitioner filed the bail application under Section 439 of Cr.P.C. which was allowed by this Court vide order dated 26.06.2023 with certain conditions and the condition is reproduced as under:

Looking to the facts and circumstances of the case, without commenting on the merits of the case, and considering the ground of parity, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.25,000/-alongwith a personal bail bond of Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, he should be released on bail.

In compliance of the bail order petitioner is unable to comply with the condition of depositing Rs.25,000/- cash as he belongs to a poor class of the society due to which he could not furnish the bail in present matter. Thus, it was prayed that the same condition may be modified or deleted.

After hearing counsel for the petitioner and going through the records, this Court directs the petitioner that in place of Cash Security of Rs.25,000/-any other security to the satisfaction of the Trial Court be furnished.

With the aforesaid direction, the petition is allowed and disposed of.