Gend Lal Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1041850
CourtMadhya Pradesh High Court
Decided OnMar-13-2013
AppellantGend Lal
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2412/2013 13/03/2013 shri anil dwivedi, advocate for the applicant. shri r.k.kesharwani, pl for the respondent/state. heard finally. this is the firs.application filed by applicant under section 439 of the cr.p.c for grant of bail. applicant has been arrested on 10/10/12 in connection with crime no.209/12 registered at p.s.bijuri, district anuppur for the offence punishable under sections 302, 201, 109, 120-b/34 of ipc. learned counsel for the applicant submits that applicant has been falsely implicated in the case. it is further submitted that similarly placed co-accused rohit has already been released on bail by this court vide order dated 14/02/13 passed in m.cr.c.no.11917/2012 and case of this applicant is just similar to him. the sole case rests on the circumstantial evidence and chain of circumstantial evidence is already broken. trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. learned counsel for the state opposes the application. considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, i am of the considered view that it is a fit case to release him on bail. therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant gend lal be released on bail on his furnishing a personal bond in a sum of rs.50,000/- (rs.fifty thousand only) with one surety in the like amount to the satisfaction of committal court/trial court, for securing his presence before the said court on all the dates of hearing fixed in this regard during trial. certified copy as per rules. (g.s.solanki) judge navin
Judgment:

M.Cr.C.No.2412/2013 13/03/2013 Shri Anil Dwivedi, Advocate for the applicant.

Shri R.K.Kesharwani, PL for the respondent/State.

Heard finally.

This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail.

Applicant has been arrested on 10/10/12 in connection with Crime No.209/12 registered at P.S.Bijuri, District Anuppur for the offence punishable under sections 302, 201, 109, 120-B/34 of IPC.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case.

It is further submitted that similarly placed co-accused Rohit has already been released on bail by this Court vide order dated 14/02/13 passed in M.Cr.C.No.11917/2012 and case of this applicant is just similar to him.

The sole case rests on the circumstantial evidence and chain of circumstantial evidence is already broken.

Trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.

Learned counsel for the State opposes the application.

Considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, I am of the considered view that it is a fit case to release him on bail.

Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Gend Lal be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.

(G.S.SOLANKI) Judge navin