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Madhya Pradesh High Court · body

2006 DIGILAW 290 (MP)

Shrikrishna Sharma v. State of M. P.

2006-02-21

SHEELA KHANNA

body2006
ORDER 1. Heard. 2. Perused the case-diary. 3. This is first bail application under section 439 of CrPC by the applicant, who has been arrested in connection with Crime No. 60/05, registered at PS Uteela, District Gwalior for committing offence punishable under section 394 of IPC and under sections 11 and 13 of the MPDVPK Act. 4. It is stated that the applicant alongwith co-accused had looted a golden chain, a watch, and cash of Rs. 600/- of the complainant on the point of gun and also caused injuries to him while committing robbery. The contention of learned counsel for the applicant is that the complainant was not knowing the present applicant from before and that his name is said to have been mentioned because another co-accused Bharat was addressing the other person as Shrikrishna. It is further submitted that no identification parade has been conducted by the prosecution after the arrest of the present applicant. It is also argued that the black spect (chashma) is said to have been seized from the possession of the present applicant. Bu the complainant in his first information report, has not disclosed about the loot of his spect. It is further submitted that this is the only case registered against the present applicant, who has been in custody since 12.9.2005. After investigation, challan has been tiled. The trial and disposal of the case is likely to take time. 5. Considering the above facts, but without expressing any opinion on the merits of' the case, application is allowed. Applicant be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- (Rs, Twenty five thousand only) with one solvent surety in the like .amount to the satisfaction of the trial Court.