SAWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the fifth bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His earlier three applications were dismissed as withdrawn vide orders dated 14.10.2019, 28.01.2020 and 14.02.2020 passed in MCRC Nos.40597/2019, 1472/2020 and 6635/2020. The fourth application was dismissed as withdrawn with liberty to revive this prayer after four weeks vide order dated 30.09.2020 passed in MCRC No.29828/2020.

(2.) The applicant is in custody since 29.05.2019 in connection with Crime No.04/18 registered at P.S., Sardarpur, District-Dhar for the offence punishable under Sections 394 and 395 of IPC.

(3.) As per prosecution story, on 04.01.2018 a report was lodge. While the complainant was going alongwith his friend Sohan on motorcycle towards the village Timaychi at about 9:30 PM, when they reached at Rundi Narshinghdevta, two persons came from behind and started pelting stones and beaten with lathi causing injuries of his hand, as a result, both of them fell down on the ground, thereafter, they looted them of Rs.15,000/- cash, one Nokia mobile, one Jio mobile and destroyed another mobile, besides causing damages to the motor cycle. They have also taken away Adhar Card, ATM card and licence and registration document of the motorcycle. Accordingly, case has been registered.