High CourtsSingle Bench

Samad Khan & Ors. vs State Of M.P.

Madhya Pradesh High Court · Decided on 23 March 2021 · Citation: (2021) 03 MP CK 0143

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 399, 400, 402 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25, 27
RESULT
Allowed
CASE NUMBER
Miscellaneous Petition No. 15931 Of 2021
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Judgment

9 paragraphs · 263 words

G.S.Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicants have been arrested on 10/02/2021 in connection with Crime No.69/2021, registered at Police Station Joura, District Morena for offence under Sections 399, 400, 402 of IPC, Section 11/13 of MPDVPK Act and Section 25/27 of the Arms Act.

It is submitted by the counsel for the applicant that according to the prosecution case the applicants have assembled along with other co-accused for making preparation of committing dacoity. Applicants have been falsely implicated. The recovery of Bolero jeep, 315 bore country made pistol and one Katta from the applicants No.1 to 3 respectively has been falsely shown. The applicants are in jail from 10/02/2021. The trial is likely to take sufficiently long time. There is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the State.

Heard the learned counsel for the parties.

Considering the period of detention and and without commenting on the merits of the case, the application is allowed. It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) each with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rule.