RAHUL KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally. This application under Sec. 482 of Cr.P.C. has been filed for bringing a fact on record that the applicant is on parole and the said period has not expired, but still, without mentioning the fact that the applicant is on parole granted in view of Covid 19 Pandemic, he filed M.Cr.C. No.35888 of 2021 for grant of bail under Sec. 439 of Cr.P.C., which was allowed by order dtd. 30/7/2021 under an impression that the applicant is in actual custody for a period of 6 months.

(2.) The necessary facts for disposal of the present application in short are that the applicant was taken into custody in crime No. 438/2020 registered by Police Station Gwalior, Distt. Gwalior for offence under Ss. 406, 420 of I.P.C.

(3.) Two bail applications of the applicant were already rejected and he filed third bail application which was registered as M.Cr.C.No. 35888 of 2021. The main ground for filing 3 rd bail application was the period of actual custody.