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2022 DIGILAW 316 (MP)

Salman v. State of Madhya Pradesh

2022-02-24

SATYENDRA KUMAR SINGH

body2022
JUDGMENT Satyendra Kumar Singh, J. - With the consent, heard finally. Perused the case diary. This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 03.02.2022 in connection with Crime No.33/2022 registered at Police Station Sanyogitaganj, District Indore (M.P.) f o r commission of offence punishable under Sections 307, 294, 506, 212, 216 and 34 of IPC alongwith Sections 25 and 27 of the arms act. Prosecution story, in brief is that on 22.01.2022, at about 1.00 PM, co-accused persons namely, Salmanlala, Imranlala, Chand and two other persons came on the spot and assaulted complainant's brother Saddam with gun short fire, due to which he fell down and died. During investigation, it was found that applicant knowing the fact that co-accused persons are offenders, assisted them with money and also gave shelter to them with an intent to save them from legal punishment. Learned counsel for the applicant submits that applicant has falsely been implicated in the matter. Offences alleged against him are bailable in nature. He further submits that present applicant Salman S/o Mohd. Ishaq is different from main accused Salamanlala. applicant has no criminal antecedents and is in custody since 03.02.2022. Investigation and trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned Panel Lawyer for the non-applicant - State has opposed the application and prays for its rejection. Having considered the rival submissions, nature of accusation made against the applicant coupled with the facts produced on record against him, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant. This application is allowed and stands disposed of. Certified copy, as per Rules.