HAMID SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the third repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 29.08.2019 in connection with Crime Case No. 261/2019 registered at Police Station Boda, District-Rajgarh for the offence punishable under Sections 379 of IPC. His earlier bail applications were dismissed as withdraw by orders dated 27.01.2020 and 01.11.2019 passed in M.Cr.C. No. 1070/2020 and M.Cr.C. No. 40348/2020.

(2.) As per the prosecution case, the applicant has committed theft of 42 kg of sandal woods. Accordingly, the case has been registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in jail incarceration since 29.08.2019. He is not required for further custodial interrogation. He is the sole bread earner of the family and the family is on the verge of starvation due to his jail incarceration. Co-accused Sabir Ali has already been enlarged on bail by this Court by order dated 09.07.2020 and 16.07.2020 passed in M.Cr.C. No. 21870/2020 and M.Cr.C. No. 22140/2020. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances and on the ground of parity, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.