JAIMA BANJARA Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this second bail application u/S 439, Cr.P.C. The applicant has been arrested by Police Station Mayana, District Guna in connection with Crime No.44/2015 registered in relation to the offences punishable u/Ss. 307, 452, 324, 323, 204, 506B, 147, 148, 149, 427, 302 of IPC.

(2.) Shri Abhishek Tiwari, Advocate for the applicant, submits that matter is arising out of incident dated 23rd February, 2013. The applicant's name was mentioned for the first time in the statement of Daulat Singh on 27.02.2015. The applicant was arrested on 16.03.2015. The first bail application of applicnt was allowed by the court below on 07.04.2015. Another bail application of application is filed before this court which was registered as M.Cr.C. No. 5050/2015. It is contended that on 03.06.2015, one Shri Bhoop Narayan Solanki, Advocate, filed a bail application on behalf of the applicant before the Court below. Shri Tiwari submits that this bail application was filed without there being any instructions by the applicant. This bail application was allowed by the court below on the basis of parity. Parity was drawn from co-accused Mohan whose bail application was allowed by the High Court in M.Cr.C.3713/2015. On 04.06.2015, the court below was informed that M.Cr.C. No. 5050/2015 is listed before High Court on 08.06.2015. Accordingly, court below stayed the bail order till 08.06.2015. On 05.06.2015 Shri Bhop Narayan Solanki, Advocate preferred an application for cancellation of bail before the Court below. The Court below accepted this application on 06.05.2015.

(3.) Shri Tiwari further submits that this withdrawal / cancellation application was also filed by said Shri Solanki without any consent and instructions of applicant. Shri Tiwari submits that M.Cr.C. 5050/2015 was dismissed having rendered infructuous. It is further urged that on 10.06.2015 the applicant counsel filed another application for grant of bail which was rejected by the court below on 10.06.2015. Thus, bail is prayed for on the ground of parity. Aforesaid facts are narrated in dates and events / synopsis also which is filed by Shri Abhishek Tiwari.