Shyamrao And Ors vs State Of Madhya Pradesh And Ors

This order shall also govern the disposal of above men-tioned bail applications, as the same have arisen out of the same crime number.

MCRC No.27733/2019- This is the third bail application under Section 439 of Cr.P.C. filed by applicant Shyamrao, who is in custody since 02.04.2018 in connection with Crime No.191/2017 registered at Police Station Navegaon District Chhindwara for the offences punishable under Section 458, 382 & 392 of IPC and under Sections 25 of the Arms Act, 1959. The first application (MCRC No.28195/2018) of the applicant was dismissed as withdrawn on 06.08.2018 with liberty to re-new his prayer after recording the statements of seizure witness whereas the second application (MCRC No.13750/2019) was dismissed on 09.04.2019 as the same was premature.

MCRC No.14235/2019- This is the second bail applica-tion under Section 439 of Cr.P.C. filed by applicant Ramesh Bhalavi, who is in custody since 05.05.2017 in connection with Crime No.191/2017 registered at Police Station Navegaon Dis-trict Chhindwara for the offences punishable under Section 458, 382, 392 & 395 of IPC and under Section 25 of the Arms Act, 1959. The first application (MCRC No.21298/2018) of the applicant was dismissed as withdrawn on 06.08.2018 with lib-erty to renew his prayer after recording the statements of seizure witness.

MCRC No.41331/2019- This is the third bail application under Section 439 of Cr.P.C. filed by applicant Deva @ De-vanand Ivne, who is in custody since 31.03.2018 in connection with Crime No.191/2017 registered at Police Station Navegaon District Chhindwara for the offences punishable under Section 458, 382 & 392 of IPC and under Sections 25 of the Arms Act, 1959. The first application (MCRC No.23479/2018) of the ap-plicant was dismissed as withdrawn on 06.08.2018 with liberty to renew his prayer after recording the statements of seizure witness whereas the second application (MCRC No.45728/2018) was dismissed on merits on 06.03.2019.

Looking to statement of the victim Girdhari Sahu (PW-1) as also looking to the period of incarcerations of the applicant Shyamrao in MCRC No.27733/2019 and the applicant Ramesh Bhalavi in MCRC No.14235/2019, no case for grant of bail are made out by the applicant Shyamrao in MCRC No.27733/2019 and the applicant Ramesh Bhalavi in MCRC No.14235/2019. Accordingly, the bail application filed by the applicant-Shyamrao in MCRC No.27733/2019 and the applicant-Ramesh Bhalavi in MCRC No.14235/2019 are hereby dismissed. The learned Judge of the trial Court is directed to expedite the matter and dispose of the same preferably within a period of six months from the date of receipt of certified copy of this order.

So far as the applicant Deva @ Devanand Ivne in MCRC No.41331/2019 is concerned no article has been recovered from him and only a motor-cycle has been recovered which is alleged to have been used in the commission of robbery.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the present case and is in jail since 31.03.2018. It is further submitted that the conclusion of trial is likely to take sufficient long time, hence the applicant be released on bail.

Counsel for the State has opposed the prayer. Considering the rival submissions of the parties and after perusing the case diary, I find force with the contentions raised by the counsel for the applicant in, thus without expressing any opinion on the merits of the case, the application filed by the applicant is hereby allowed.

Accordingly, it is directed that the applicant-Deva @ Devanand Ivne in MCRC No.41331/2019 be released from custody subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the concerned court on all the dates of hearing fixed in this behalf by the court concerned during trial.

The applicant shall also abide by the following conditions:-

"1. the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

the applicant shall not leave India without the previous permission of the Court; and

the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected."

However, it is made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

Certified copy as per rules.