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Judgment
Heard.
This petitioner has preferred this petition under section 407 of the Cr.P.C. for transfer of Criminal Appeal No.900070/2015 pending in the Court of
District Panna to District Damoh.
This petition has been filed on the ground that in the year 2013 the respondent no.2 has abused and threatened him with a view to prevent him to
produce the evidence. In this regard information was given to the police. Now, he is apprehending to be assaulted by the respondent no.2 if he
goes to the Court at Panna where the appeal is pending. Hence, the case be transferred to the District Court, Damoh.
Having heard the contention of learned counsel for the applicant and on perusal of the record, in view of this Court, prima facie there is no ground to
transfer the case as the alleged incident had taken place in the year 2013 and thereafter there is no incident of assault with the applicant and he is
proceeding in the case since 2013 till today.
In view of the circumstances, this petition is dismissed being devoid of merits. Interim order dated 9.1.2017 stands vacated. A copy of this order
be sent to the trial court for information.Â
Certified copy as per rules.
Heard.
Perused the case diary.
This is the first bail application filed by the applicant-accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No. 62/2016,
registered at Police Station Niwas, District Mandla, for offences punishable under Sections 407, 420/34 of IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence and has nothing to do with the theft of
tyres. The applicant is in custody since 17.04.2016. On the aforesaid grounds, learned counsel for the applicant has prayed for grant of bail.
Learned Public Prosecutor opposing the submissions made on behalf of the applicant-accused has prayed for rejection of bail application.
On due consideration of the aforesaid facts and circumstances of the case, this Court deems it fit to grant bail to the applicant-accused. Hence the
application is allowed. It is ordered that the applicant be released on bail on his furnishing a personal bond for the sum of Rs.25,000/- (Rs. Twenty Five
Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the
dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
Heard.
Perused the case diary.
This is the first bail application filed by the applicant-accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No. 81/2016,
registered at Police Station Nohata, District Damoh, for offences punishable under Section 34 (2) of the M.P. Excise Act.
Learned counsel for the applicant submits that the alleged offence registered against the applicant-accused is triable by JMFC. The applicant is in
custody since 17.04.2016. The trial will take considerable time in disposal of the case, therefore, the applicantaccused be released on bail.
Learned Public Prosecutor opposing the submissions made on behalf of the applicant-accused has prayed for rejection of bail application.
On due consideration of the aforesaid facts and circumstances of the case, this Court deems it fit to grant bail to the applicantaccused. Hence the
application is allowed. It is ordered that the applicant be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Rs. Thirty
Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the
dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
M.Cr.C. stands disposed of.
Certified copy as per rules.