High CourtsSingle Bench

Usman Patel vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 20 March 2023 · Citation: (2023) 03 MP CK 0080

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 120B, 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 11701 Of 2023
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Judgment

11 paragraphs · 341 words

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.117/2023 registered at Police Station-M.I.G., District- Indore (MP) for offence punishable under Sections 420, 467, 468, 471 and 120-B of the I.P.C. The applicant is in custody since 21.2.2023.

The allegation against the applicant is of forgery.

Counsel for the applicant has submitted at the outset that the co-accused has already been granted bail by this Court in M.Cr.C.No.11384/2023 vide order dated 17.3.2023 and hence, on the grounds parity alone, counsel has prayed that the application be allowed. It is further submitted that the matter has been compromised out of the court between the parties. It is further submitted that no other criminal case has been registered against the applicant and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is prayed that the bail application be allowed.

Counsel appearing for the objector has submitted that he has no objection if the bail application is allowed.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

O n due consideration of submissions and on perusal of the case diary, considering the allegation levelled against the applicant as also maintaining the parity, this Court finds it expedient to allow the present application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the 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/her regular appearance before the trial Court during trial with a condition that he / she 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.

Certified copy, as per rules.