M.CR.C No. 1306 of 2012 · Madhya Pradesh High Court
Case at a glance
Outcome
Bail granted
allowed and the applicant be released on bail
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 420, 467, 468, 471
Judgment
This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail on medical ground. The applicant is in custody since 28/01/2012 in connection with Crime No.42/2012 registered at Police Station-Choti Gwaltoli, Indore for offences punishable under Sections 420, 467, 468 and 471 of IPC. Learned counsel for the applicant submits that the condition of the applicant is not well and prays that this application for grant of bail be allowed and he be released on bail. On the other hand, learned Panel Lawyer opposed the prayer for grant of bail and prays for its rejection. On due consideration of the aforesaid facts and looking to the medical report filed along with the application, without expressing any opinion on the merits of the case, I allow this 2 bail application and it is directed that the applicant be released on bail temporarily for a period of two weeks' subject to his furnishing a personal bond to the tune of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned J.M.F.C./C.J.M. for his appearance before him or Trial Court after expiry of two weeks' from the date of his release. C.C. as per rules. (P.K. Jaiswal) Judge pn/ 3 M.Cr.C. No.1648/2012
Operative part
28.02.2012 Shri Praveen Newalkar, learned counsel for the applicant. Shri Anil Ojha, learned Panel Lawyer, for the respondent/State. Heard. Case diary perused. This is second application filed by the applicant Lakhan under Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 21/12/2011 in connection with Crime No.1324/11 registered at Police Station-Sanyogitaganj, Indore for offence 4 punishable under Section 34(1) (2) of .P. Excise Act. First application of the applicant was dismissed as withdrawn vide order dated 10/01/2012, passed in M.Cr.C. No.128/2012 with liberty to repeat the same after 1½ months. As per prosecution story, 54 bulk litres of liquor has been seized from the possession of the present applicant. After investigation, charge-sheet has been filed. Learned counsel for the applicant submits that the alleged offence is triable by Judicial Magistrate First Class. He further submits that looking to the quantity of the liquor and period of custody of the present applicant, this application for grant of bail be allowed and the applicant be released on bail. On the other hand, learned Panel Lawyer opposed the prayer for grant of bail and prays for its rejection. On due consideration of the aforesaid facts and looking to the period of custody of the present applicant, without expressing any opinion on the merits of the case, I allow this bail application and it is directed that the applicant be released on bail subject to his furnishing a personal bond to the tune of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned J.M.F.C./C.J.M. for his appearance before him or Trial Court as the case may be on each an every date of hearing fixed in this behalf by the Court concerned during trial. C.C. as per rules. 5 (P.K. Jaiswal) Judge pn/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: allowed and the applicant be released on bail
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 420, 467, 468, 471.
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.