NIMMO Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. At the outset, learned counsel for the applicants submitted that he does not want to press this application on behalf of applicant Nos.1 and 2 namely, Nimmo and Gudiya. Keeping in view the aforesaid submission, this application so far as it relates to applicant No.1 and 2 is hereby dismissed as not pressed. This is the First application under Section 439 of the Cr.P.C. has been filed by the applicants in connection with Crime No. 249/2017 registered at Police Station GRP Khandwa, District Khandwa for the offences punishable under Sections 394 of the IPC and Section 25 of Arms Act. As per the prosecution case, on 01.12.2017 applicants Karishma and Sofiya along with other co-accused persons namely Nimmo and Gudiya looted complainant Triloki Nath Vishwakarma of Rs.20,000/- and co-accused Nimmo assaulted Trilokinath by knife, due to which he sustained injuries on his face and abdomen. Learned counsel for the applicant submits that applicants are innocent and have falsely been implicated in the offence. He submits that the name of the applicants is not mentioned in the FIR and no Test Identification Parade has been carried out by the prosecution. Charge-sheet has been filed. The applicants are in custody since 02.12.2017 and the conclusion of trial is likely to take long time, hence prayed for release of the applicants on bail. On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available to connect the applicants with the offence in question. Looking to the strength of evidence collected by the prosecution during investigation against the present applicants and as to the fact that the applicants are in custody since 02.12.2017 and charge sheet has already been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and the applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the concerned C.J.M./trial court for securing their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. This order will remain operative subject to compliance of the following conditions by the applicants;

(2.) The applicants will comply with all the terms and conditions of the bond executed by them;

(3.) The applicants will cooperate in the investigation/trial, as the case may be;