Ramzan S Vs State Of Madhya Pradesh

Madhya Pradesh High Court (Indore Bench) 28 Feb 2023 Miscellaneous Criminal Case No. 2718 Of 2023 (2023) 02 MP CK 0093
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Miscellaneous Criminal Case No. 2718 Of 2023

Hon'ble Bench

Vivek Rusia, J

Advocates

Nilesh Joshi, Mamta Shandilya

Final Decision

Allowed

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 437(3), 439
  • Indian Penal Code, 1860 - Section 120B, 489A, 489B, 489C
  • Evidence Act, 1872 - Section 27

Judgement Text

Translate:

Vivek Rusia, J

This is the third (repeat) application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant- Ramzan who is in custody since 15.06.2020 in connection with Crime No.142/2020 registered at Police Station S.T.F., Ujjain, District Ujjain for the offence punishable under Section 489-B, 489-C, 489-A and 120-B of IPC. Earlier bail applications of the applicant were dismissed on the ground that he is having a criminal antecedent as Crime No.192/2020 and 152/2020 are registered against the applicant.

Learned counsel for the applicant submits that so far as Crime No.192/2020 is concerned, applicant is already on bail and so far as Crime No.152/2020 is concerned, he is not accused which has been clarified by this Court in earlier order. In the present case, he has been made accused only on the basis of memorandum under Section 27 of the Evidence Act in respect of the fake currencies handed over to the present applicant in Crime No.142/2020. Apart from this there is no connecting material in this case. He is in jail since 15.06.2020, there is no progress in the trial and no further custodial interrogation is required, hence he prays for grant of bail.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the aforesaid facts and circumstances of the case, the application is allowed and applicant-Ramzan is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

C.c. as per rules.

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