P.S. GHUGHARI v. This appeal coming on for Admission this day, the court passed
Case at a glance
- Bench
- SANJAY DWIVEDI
Outcome
Bail granted
It is directed that in the event of arrest, the applicant be released on bail
Provisions considered
- Code of Criminal Procedure, 1973 ss. 438, 438(2)
- Indian Penal Code, 1860 s. 292
- Arms Act, 1959 ss. 25, 27
- Information Technology Act, 2000
Judgment
(BY SHRI ANURAG SAHU, ADVOCATE ) AND THE STATE OF MADHYA PRADESH THROUGH DIST. P.S.GHUGHARI MANDLA MP (MADHYA PRADESH) P.S. GHUGHARI .....PETITIONER (BY SHRI AMIT BHURRAK, PANEL LAWYER ) (Heard through Video Conferencing) This appeal coming on for Admission this day, the court passed the .....RESPONDENTS following: ORDER This is the third bail application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is apprehending her arrest in Crime No.95/2012 registered at Police Station Ghughari, District Mandla, for the offence punishable under Section 292 of the Indian Penal Code; Section 25/27 of the Arms Act and Section 67-A of the Information Technology Act, 2000. The applicant's first anticipatory bail application was dismissed as withdrawn vide order dated 03.02.2015 passed in M.Cr.C. No.1700/2015 whereas her second anticipatory bail application was dismissed for want of prosecution vide order dated 29.07.2015 passed in M.Cr.C. No.1949/2015.
Learned counsel for the applicant submits that the other co-accused persons on whose memorandum the applicant was made accused, has been tried and acquitted by the trial Court. He further submits the applicant has no 2 role in the matter and in the alleged offence, no allegation was made against her. Even otherwise, as per learned counsel for the applicant when the main accused on whose memorandum the applicant was made accused, has been acquitted by the trial Court, then the applicant is also entitled to be released on bail. On the other hand, learned Panel Lawyer has opposed the prayer of bail and submitted that considering the nature of offence, the applicant is not entitled to get the benefit of anticipatory bail. Considering the arguments advanced by learned counsel for the parties and on perusal of the available documents, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
Operative part
It is directed that in the event of arrest, the applicant be released on bail upon her furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned. The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure. Certified Copy as per rules. Devashish DEVASHISH MISHRA 2022.02.01 13:32:55 +05'30' SANJAY DWIVEDI) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: It is directed that in the event of arrest, the applicant be released on bail
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 438, 438(2); Indian Penal Code, 1860 — s. 292; Arms Act, 1959 — ss. 25, 27; Information Technology Act, 2000.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.