High CourtsSingle Bench(2023) 03 MP CK 0126

Aakash vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 March 2023

HON’BLE JUDGES
Subodh Abhyankar, J
CASE NUMBER
Miscellaneous Criminal Case No. 13499 Of 2023

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Judgment

9 paragraphs · 333 words

Subodh Abhyankar, J

Perused the case-diary which is made available by the office of the Advocate General.

This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.810/22 registered at Police Station Sendhwa District Barwani for offence punishable under Section 327, 34 of IPC. IPC. He is in custody since 24.11.2022.

The allegation against the applicant is that he snatched Rs.12,000/- from the complainant and ran away.

The documents filed along with bail application reveals that seizure witnesses have not supported the case of prosecution. The case diary also reveals that there are as many as ten cases are registered against the applicant of different nature some of them are of similar nature, in such circumstances, no case for grant of bail is made out at this stage. However, the applicant can renew his prayer after complainant Ramkumar is examined in the trial Court.

Accordingly, the MCRC stands dismissed.

None has appeared for the petitioner despite there being a specific order passed by the Division Bench of this Court at Principal Seat, Jabalpur in the case of [IN REFERENCE (SUO MOTO) VS. CHAIRMAN, STATE BAR COUNCIL OF M.P. & OTHERS] in W.P. No.7295 of 2023 dated 24.03.2023, whereby the Division Bench of this Court, taking note of the ongoing strike called by the State Bar Council of M.P., had issued certain directions in para 18 of the order and the Advocates were directed to appear in the court in their respective cases. Thus, today's absence of the advocates is in clear violation of the said order. Thus, the Registry is directed to register a separate Contempt Case against the concerned Advocates, who have filed Vakalatnamas on behalf of the petitioner.

Let the Rule Nisi be issued to the concerned Advocates within two weeks time, returnable within further four weeks time.

Let a copy of this order be placed in the Contempt Petition to be registered by the Registry.