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Suresh Kol vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 9 November 2023 · Citation: (2023) 11 MP CK 0048

HON’BLE JUDGES
Vishal Dhagat, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 294, 307, 323 · Arms Act, 1959 — Section 25
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 50773 Of 2023
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Judgment

10 paragraphs · 359 words

Vishal Dhagat, J

1.

This is an application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 1.2.2023 in connection with Crime No. 53/2023, registered at Police Station Barela District Jabalpur for the offence punishable under Sections 294, 307 and 34 of the IPC and Section 25 of the Arms Act.

2 . Learned counsel appearing for the applicant submitted that applicant is innocent and being falsely implicated in the case. Earlier application of the applicant was dismissed with liberty to file repeat application after examination of complainant. Complainant has already been examined in the Court. Applicant is in jail since 1.2.2023. Considering the long period of custody of applicant and the fact that he is no longer required for custodial investigation, applicant may be enlarged on bail.

3 . Learned counsel appearing for the State has opposed the bail application and submitted that applicant is having criminal antecedents and as many as 6 cases are registered against the applicant.

4.

Heard learned counsel for the parties.

5.

On perusing the criminal records of applicant, it is found that two cases are registered under Sections 294, 323, 506 and 34 of the IPC against the applicant. Other cases are of prohibitive action. It is the only case which is Sessions Trial and serious offence has been committed by the applicant.

6 . Considering the long period of custody and the fact that complainant has already been examined in the Court, bail application filed by the applicant is allowed on condition that applicant will mark his presence before concerned police station on first of every month and if applicant is found involved in any other crime then prosecution is at liberty to file application for cancellation of bail.

7.

It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousands only) with one solvent surety in the like amount to the satisfaction of the trial Court.

8.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

Certified copy as per rules.