LAWS(MPH)-2019-1-10

ASHOK Vs. STATE OF MADHYA PRADESH

Decided On January 19, 2019
ASHOK Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is third application under Section 439 of Cr.P.C. for grant of bail filed by petitioner--Ashok, who is implicated in Crime No.70 of 2017, registered at Police Station--Singoli, District--Neemuch for the offence punishable under Sections 399 and 402 of IPC and Section 25(1) (B) Arms Act, 1959.

(2.) Allegation of the prosecution is that he was a party to the group of persons, who were planning to commit dacoity. The police arrested him on the spot and sword is recovered from his possession. All other co-accused persons, namely, Rakesh, Vishnu, Govind, Kishanlal, Nandlal, Dewa and Ratanlal have been granted bail by this Court, but the bail was denied to the petitioner considering his criminal record, as earlier eight criminal cases have been registered against him.

(3.) Learned Counsel for the petitioner has submitted that in most of the earlier criminal cases, he has been acquitted by the learned Trial Court and submitted that present petitioner is claiming parity with the aforesaid co-accused persons.