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2023 DIGILAW 395 (MP)

Santoshi Bai v. State Of Madhya Pradesh

2023-03-20

SUBODH ABHYANKAR

body2023
JUDGMENT Subodh Abhyankar, J. - They are heard and perused the case diary/challan papers. 2. This order shall also govern the disposal of M.Cr.C. No.10657/2023, as both the Misc. Criminal Case have arisen out the same Crime number. 3. This is the applicants' first bail application under Section 439 of Criminal Procedure Code, 1973. They are implicated in connection with Crime No.12/2023 registered at Police Station-Lalghati, District- Shajapur (MP) for offence punishable under Sections 294, 323, 506, 447, 427, 147, 148, 307, 120-B and 34 of the I.P.C. The applicants are in custody since 17.1.2023. 4. The allegation against the applicants is of assault to the complainant and the other person. 5. Counsel for the applicants has submitted that the charge sheet has already been filed and the applicants are lodged in jail since 17.1.2023. It is further submitted that the final conclusion of the trial is likely to take a long time and no other cases registered against the applicants. It is further submitted that the incident appears to have taken place on the spur of the moment. Thus, it is prayed that the bail applications be allowed. 6. Counsel for the objector has opposed the prayer and it is submitted that the complainant in the present case the injured Narendra was required to hospitalized for a period of seven days as per the charge sheet also he hospitalized to the CCTV footage of the incident in which it is seen that the applicants are assaulting the complainant and the minor girl. 7. Counsel for the respondent / State has also opposed the prayer. 8. On due consideration of submissions and on perusal of the charge sheet, which is available with the counsel for the applicants, considering the fact that the applicants are not habitual offender and no criminal case registered against the applicants, this Court is of the considered opinion that the applicants can be released on bail on certain stringent condition. 9. 8. On due consideration of submissions and on perusal of the charge sheet, which is available with the counsel for the applicants, considering the fact that the applicants are not habitual offender and no criminal case registered against the applicants, this Court is of the considered opinion that the applicants can be released on bail on certain stringent condition. 9. In view of the same, this Court is inclined to allow this bail application subject to deposit an amount of Rs.10,000/- (Rupees Ten Thousand only) each before their release i.e. at the time of furnishing the bail bond in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned Judge of the lower Court to be 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'. 10. Accordingly, without adverting to the merits of the case, the applications filed by the applicants are hereby allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. 11. Certified copy as per rules.