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2022 DIGILAW 554 (MP)

Harimohan Rawat v. State of Madhya Pradesh

2022-04-05

G.S.AHLUWALIA

body2022
JUDGMENT G.S. ahluwalia, J. - This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed for want of prosecution by order dated 16/03/2022 passed in MCRC No.11928/2022. The applicant has been arrested on 10/12/2021 in connection with Crime No.59/2021 registered at Police Station Panihar, District Gwalior for offence under Section 392 of IPC and Section 11/13 of the MPDVPK act. It is submitted by the counsel for the applicant that the first bail application was dismissed by order dated 14/01/2022 passed in MCRC No.1947/2022 on the statement made by the counsel for the State that the Test Identification Parade is going to be held on 16/01/2021 and the second bail application of the applicant was dismissed for want of prosecution by order dated 16/03/2022 passed in MCRC No.11928/2022. It is submitted that it is true that the applicant has been identified in the TIP and some of looted articles have also been seized from his possession but the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that two unknown persons have looted the complainant and took away her gold Mangalsutra and one bag and box containing silver anklets and Bichiya as well as mobile phone and also mobile phone of her son Rohit. It is submitted that silver Bichiya and anklets, one mobile phone as well as one .315 bore country made pistol with one live cartridge have been seized from the possession of the applicant and the articles have also been identified. However, it is fairly conceded that as per the case diary, the applicant has no criminal history. Considering the period of detention as well as considering the fact that the applicant has no criminal antecedents and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective. In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant. Certified copy as per rules.