AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 371 wordsSubodh Abhyankar, J
This is the second application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.425/2020 registered at Police Station Manakchowk, District Ratlam (M.P.) for offence punishable under Sections 307/34 of IPC and Section 25 of Arms Act. The applicant is i n cus tody since 05/08/2022. First application M.Cr.C. No.57702/2022 was dismissed as withdrawn by this Court vide order dated 14.12.2022 with liberty to renew the prayer after receipt of FSL report in the trial Court.
Counsel for the applicant submits that not only the FSL report is received, but the same is negative so far as the applicant is concerned. It is also submitted that the main injured eye witness Rakesh has already been examined and he has not supported the case of the prosecution. Photocopy of the aforesaid statement is also placed on record. the applicant is in jail since 05.08.2022 and the final conclusion of the trial is likely to take sufficient long time, hence the applicant be released on bail.
Counsel for the respondent/State, on the other hand has opposed the prayer and submitted that no case for grant of bail is made out, however, it is not denied that the FSL report is received and the main eye witness has turned hostile.
On due consideration of the facts and circumstances of the case and on perusal of the case diary so also the fact that the applicant is lodged in jail since 05.08.2022 and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the application of the applicant deserves to be allowed.
Accordingly, without commenting on 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.25,000/-(Rupees Twenty Five Thousand Only) with one 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.