SHANKAR @ RAMSHANKAR v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-04. SHANKAR @ RAMSHANKAR v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 4 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 51509 of 2023 BETWEEN:- SHANKAR @ RAMSHANKAR S/O MISHRILAL VALMIK, AGED ABOUT 75 YEARS, R/O BALALPURA POLICE THANA ATER HAL NIWASI SARSAIPURA DISTRICT BHIND (MADHYA PRADESH) ..... APPLICANT (BY SHRI DEEPENDRA SINGH KUSHWAHA - ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION DABOH DISTRICT BHIND (MADHYA PRADESH) ..... RESPONDENT/STATE (BY SHRI ABHA MISHRA - PUBLIC PROSECUTOR) This application coming on for Admission this day, the court passed the following: ORDER This is first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to Crime No. 03 of 1995 registered at Police Station Daboh, District Bhind (M. P. ) for the offence under Sections 302, 404, 120-B and 34 of IPC. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated.
He has been arrayed as an accused only on the basis of extra judicial confession made by co-accused-Kamlu, however, Kamlu has been examined as PW/3 and has not supported the case of prosecution and Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/5/2024 12:06:25 PM turned hostile. Other material witnesses i. e. Chaturi/(PW/1), Saroj/(PW/2), Brijmohan /(PW/4) and Matlabi/(PW/5) have also not supported the prosecution case and turned hostile. All the accused persons have already been acquitted by the learned trial Court in this case. Under these circumstances, custodial interrogation is no more required as charge-sheet has already been filed. He is in custody since 30. 08. 2023. The applicant is permanent resident of District Bhind (M. P. ) and there is no possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicants.
Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fity Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/5/2024 12:06:25 PM the case may be; 4) The applicant shall not commit an offence similar to the offence of which he/she is accused; 5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE (LJ*) Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/5/2024 12:06:25 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.