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Judgment
G.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 19.01.2021 in connection with Crime No.40/2021 registered by Police Station Kotwali District Shivpuri for offence
punishable under Sections 307, 353, 332 of IPC.
It is submitted by the counsel for the applicant that after the superannuation of the applicant, certain recoveries were initiated by order dated
19.05.2017, which was challenged by the applicant before this Court by filing W.P. No. 6030/2017, which was disposed of by order dated 15.11.2017
by directing the respondents to decide the representation. However, the representation filed by the petitioner has not been decided by the respondents.
Thereafter, the petitioner approached the various politicians and authorities by making repeated representations, but the claim of the petitioner was not
decided. It is submitted that the applicant has been falsely implicated on the allegation that being annoyed by the pendency of his representation, he
had poured petrol on the complainant. It is submitted that in fact, the applicant is a law abiding citizen of the Country. After his superannuation, certain
recoveries were initiated on the ground that the benefit of Kramonnati / Time Pay Scale was wrongly given and being the law abiding citizen, he had
approached this Court by filing W.P. No.6030/2017, which was disposed of by order dated 15.11.2017 with a direction to the respondents to decide
the representation, but the representation has not been decided. It is further submitted that although this Court had also directed that till appeal is
decided, no recovery shall be made from the petitioner, but still retiral dues have not been paid and under these circumstances, even if the entire
allegations are accepted, then it is clear that the applicant was left with no other option but to react in a violent manner, although that cannot be
justified under the law. It is further submitted that the applicant is aged about 64 years and the Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the respondent/State.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that
the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount
to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rule.