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2020 DIGILAW 1103 (MP)

Guman v. State Of M. P.

2020-10-13

SHAILENDRA SHUKLA

body2020
JUDGMENT Shailendra Shukla, J. - Heard. Perused the case diary. 2. This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant - Guman S/o Veeru is implicated in Crime No.96/2015 registered at Police Station - Tanda, District Dhar for the offence punishable under Sections 457 and 380 of IPC and he is in custody since 04.01.2020. 3. Learned counsel for the applicant submits that the offence is triable by the JMFC. The other two co-accused have been acquitted in this matter. 4. Per contra, learned Public Prosecutor for the State has opposed the bail application submitting that applicant has not only committed theft after breaking the go-down of the complainant and stealing 16 cans of soyabean oil each in the capacity of 15 litres valued at Rs.16,000/- but also on the same day, he had committed theft of pan-masala, cigarette etc. in the shop belonging to another complainant. He has drawn attention of this Court towards the order of the Trial Court dated 24.08.2020 in which it has been mentioned that applicant has remained an absconder since 2015 and was only arrested on 04.01.2020. He further submits that applicant is having criminal antecedents which are pertaining to heinous offences such as, two cases under Section 307 of IPC, one case under Section 395 of IPC apart from other cases registered against him. 5. Considered. 6. Learned counsel for the applicant submits that applicant has been granted bail in each and every case registered against him. 7. The applicant has been arrested after a lapse of 4 years from the date of incident, who has other antecedents also which are of heinous category. In view of the fact of absconsion of applicant and registration of heinous offences against him, although applicant is in jail since January, 2020, bail cannot be granted at this stage. However, a liberty is granted to the applicant to press for fresh application after a lapse of 45 days from today. 8. With the aforesaid liberty, this bail application stands dismissed.