Mohit Sonkar Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045755
CourtMadhya Pradesh High Court
Decided OnMar-14-2013
AppellantMohit Sonkar
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.1375/2013 14/03/2013 shri vibhay solanki, advocate for the applicant. shri a. usmani, advocate for the objector. shri a.k.singh, ga 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 19/01/13 in connection with crime no.26/13 registered at p.s.hanumantal, district jabalpur for the offence punishable under sections 452, 326, 336, 324, 294, 506 of ipc. learned counsel for the applicant submits that applicant has been falsely implicated in the case. charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. learned counsel for the objector submits that applicant has a previous criminal history and as many as 12 cases are pending against him therefore, prays for dismissal of the application. learned counsel for the state opposes the application. i have perused the case diary alongwith the facts and circumstances of the case. in my opinion if any previous offence is registered against the applicant, the same cannot be a ground for refusal of bail application. considering the overall facts, i am of the view that it is a fit case for grant of bail to applicant. therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant mohit sonkar be released on bail on his furnishing a personal bond in a sum of rs.35,000/- (rs.thirty five 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.1375/2013 14/03/2013 Shri Vibhay Solanki, Advocate for the applicant.

Shri A.

Usmani, Advocate for the Objector.

Shri A.K.Singh, GA 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 19/01/13 in connection with Crime No.26/13 registered at P.S.Hanumantal, District Jabalpur for the offence punishable under sections 452, 326, 336, 324, 294, 506 of IPC.

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

Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.

Learned counsel for the Objector submits that applicant has a previous criminal history and as many as 12 cases are pending against him therefore, prays for dismissal of the application.

Learned counsel for the State opposes the application.

I have perused the case diary alongwith the facts and circumstances of the case.

In my opinion if any previous offence is registered against the applicant, the same cannot be a ground for refusal of bail application.

Considering the overall facts, I am of the view that it is a fit case for grant of bail to applicant.

Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Mohit Sonkar be released on bail on his furnishing a personal bond in a sum of Rs.35,000/- (Rs.Thirty Five 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