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THE HIGH COURT OF MADHYA PRADESH
MCRC No.19129/2022
Parasram vs. State of M.P.
Gwalior, Dated : 21/04/2022
Shri S.S. Rajpoot, Counsel for the applicant.
Shri C.P. Singh, Counsel for respondent/State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 12.8.2021 passed in M.Cr.C.No.39909/2021.
The applicant has been arrested on 30.9.2020 in connection with Crime No.662/2017 registered at Police Station Kotwali, District Ashoknagar for offence under Sections 394, 395, 450, 342, 506, 120- B, 212, 216, 34 of IPC.
It is submitted by the counsel for the applicant that previous bail application of the applicant was dismissed by order dated 12.8.2021 primarily on the ground that the applicant was absconding and could be arrested only after three years of the incident. The allegations were that in a liquor shop, a dacoity was committed and an amount of Rs.41,80,000/- were looted. Only an amount of Rs.27,000/- has been seized from the possession of the applicant. The applicant is in jail from 30.9.2020. The applicant undertakes to appear before the Trial Court regularly without any default. Since the applicant was absconding for three years, therefore, in order to show his bonafides, he is ready and willing to abide by any stringent condition which may 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.19129/2022 Parasram vs. State of M.P.
be imposed by the Court including that of furnishing cash surety. The trial is likely to take sufficiently long time and there is no possibility of his absconding of tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the respondent/State.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.2,00,000/- (Rupees Two Lacs Only) or in the alternative on depositing his original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court. In case, the title deeds have been deposited, then the same 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.19129/2022 Parasram vs. State of M.P.
shall not be returned unless and until the surety amount is deposited.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2022.04.22 14:45:13 +05'30'