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2020 DIGILAW 1004 (MP)

Praveen @ Raja v. State Of Madhya Pradesh

2020-10-05

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first post arrest application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant. 2. The applicant is in jail since 18.10.2019 in connection with Crime No.262/2019 registered at Police Station Pipariya, District Hoshangabad (M.P.) for commission of offence punishable under Section 392 of I.P.C. and Section 25/27 of the Arms Act. 3. The case of the prosecution against the applicant, in short, is that complainant Bhagwandas Soni runs a jewellery shop. When he was going to his home after closing the shop, one unknown person covering his face stopped him and looted him on the point of pistol. One golden chain snatched from his neck and the person fled away from the spot. The victim reported the matter to the police. Thereafter, the police acted on the FIR and seized the alleged chain from the possession of the applicant. The applicant was identified by the complainant in identification parade. 4. Learned counsel for the applicant submits that co-accused Mangu @ Mangal has been enlarged on bail by this Court and the applicant is having the same parity; therefore, it has been prayed to enlarge the applicant on bail because he is jail for last one year and considering the present situation of Covid-19 virus. 5. Learned Panel Lawyer for the respondent/State on the other hand has vehemently opposed this application and submits that the applicant is having criminal past. He has already committed four offences of the same nature. He is habitual in dealing with such type of offence. Incriminating evidence are available on record against the applicant. Therefore, it has been prayed to dismiss the application. 6. Having heard learned counsel for the parties, no doubt, the applicant has been identified by the complainant in identification parade. Other co-accused has not been identified in identification parade. The act of applicant is totally different from the act of other co-accused and he is having no parity with other co-accused. Since applicant is having criminal past and the same nature of offences are registered against the applicant, he has been identified in TIP, a chain was seized at the instance of applicant, which has been identified by the complainant, in these circumstances, this Court is not inclined to enlarge the applicant on bail. 7. Since applicant is having criminal past and the same nature of offences are registered against the applicant, he has been identified in TIP, a chain was seized at the instance of applicant, which has been identified by the complainant, in these circumstances, this Court is not inclined to enlarge the applicant on bail. 7. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Praveen @ Raja deserves to be and is hereby dismissed.