Subodh Abhyankar, J
This is the second application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial.
The applicant is facing trial for offence punishable under Section 457, 380 of the IPC, registered at Police Station- Malharganj, Distrcit-Indore in
Crime No.456/2020. The applicant is in jail since 18.11.2020.
Applicant's earlier bail application M.Cr.C.No.6233/2021 has been dismissed on merits by this Court vide order dated 5.2.2021 on the ground that a
sum of Rs.46,000/- has been recovered from the applicant.
Counsel for the applicant has submitted that the applicant is in jail since 18.11.2020 and the final conclusion of trial is likely to take sufficiently long
time on account of Covid-19 pandemic. Counsel further submitted that, out of total sum of Rs.13,50,000/-, an amount of Rs.10,00,000/- has already
been recovered from the applicant and the other co-accused persons. In such circumstances, counsel prays for grant of bail to the applicant.
Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the prayer. It is further submitted that one more case under Sections
399, 401 of the IPC has been registered against the applicant. Thus, no case for grant of bail is made out.
Having considered the rival submissions, on perusal of the case diary, taking note of the fact that in earlier case the applicant has already been
released on bail and in the present case also out of Rs.50,000/-, an amount of Rs. 46,000/- has already been recovered from him and also the final
conclusion of the trial is likely to take sufficiently long time, this Court finds that the applicant is entitled to be released on bail subject to deposit a sum
of Rs.20,000/- (Rupees Twenty Five Thousand only) and the said amount shall be subject to the final outcome of the case by the trial Court.
It is further directed that upon applicant' depositing a sum of Rs.20,000/- (Rupees Twenty Five Thousand only) in a fixed deposit in a nationalized
Bank and producing the receipt/certificate of the same before the concerned trial Court, he shall be released on bail on his furnishing the bonds in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the same amount to the satisfaction of the trial Court, to appear before the trial
Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned Judge of the
lower Court to be, 'furnished towards the bail of the applicants and shall be subject to the final decision of the case by the trial Court'.
The applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
