Ku. Kanchan Vishwakarma vs. The State Of Madhya Pradesh

MCRC-1122-2017

(KU. KANCHAN VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

27-03-2017

Shri K.V.Vishwakarma, advocate for the applicant.

Shri R.S.Shukla, Panel Lawyer for the respondent/State.

Present counsel for the parties heard on alleged first bail application filed under Section 439 of the Cr.P.C. by the applicant in relation to Crime No.540/2016 registered for offences punishable under Sections 454 and 380 of the IPC at Police Station Omti, District Jabalpur and relating produced case diary perused.

It is mentioned that bail application of the applicant under the same provision has been dismissed by an order dated 21.12.2016 passed by the Ninth Additional Sessions Judge, Jabalpur, whose certified copy is annexed with this application.

Learned appearing counsel for the applicant submits that the applicant is a girl of 20 years old and the charge-sheet has already been filed in the concerned Court of J.M.F.C. and the case is triable by the J.M.F.C. and there is no possibility of early disposal of relating criminal case. Thus, it is prayed that the benefit of bail be extended to the above mentioned applicant.

On the other hand, above mentioned prayer has been opposed by the learned panel lawyer for the respondent/State on the grounds that from the locker of the hotel of the complainant, in total ornaments of gold weighing 1.110 kilograms and ornaments of silver weighing 3 kilograms and about 20 stones of pukhraj were theft and suspicion was made on the hotel employees Kanchan Vishwakarma and her companions and after arrest of the applicant, on her disclosure statement, in total ornaments of gold weighing about 465 grams and ornaments of silver weighing about 800 grams and 15 stones of Pukhraj were seized from the applicant.

No criminal antecedents of the applicant has been disclosed by the police. The applicant appears to be an unmarried girl and there is no possibility of early disposal of the relating criminal case and the relating offences are not punishable with imprisonment of life.

In view of the above mentioned facts and circumstances, without commenting on the merits of the case, the case of the applicant appears to be fit for giving her benefit of bail. Hence, the application filed by the applicant under Section 439 of the Cr.P.C. is allowed and it is directed that on furnishing a personal bond of Rs.60,000/- (Rs.Sixty thousand) with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Jabalpur, applicant Ku.Kanchan Vishwakarma shall be released on bail for her appearance before the Court concerned on each and every date of hearing.

This M.Cr.C. is disposed of accordingly. C.C. as per rules.

(ASHOK KUMAR JOSHI) JUDGE