Manoj Sharma vs State Of Mp
2021 Latest Caselaw 4146 MP

HIGH COURT OF MADHYA PRADESH MCRC-38492-2021 (Manoj Sharma Vs THE STATE OF M.P.)

Gwalior, Dated : 10.08.2021

Heard through videoconferencing.

Shri Mayank Bajpai, learned counsel for the petitioner.

Shri Ajay Raghuvanshi, learned P.L. for the State.

Heard the learned counsel for the parties.

The present petition has been filed under section 482 of Cr.P.C.

for deleting/modification of condition "subject to verification of the

fact that there is no criminal antecedent against the present applicant"

imposed by the order dated 01.03.2021 passed in

M.Cr.C.No.9883/2021 whereby bail under Section 439 Cr.P.C. was

granted to the applicant.

It is submitted that the present applicant had moved an

application for regular bail before this Court which was considered and

allowed vide order dated 1.3.2021 passed in M.Cr.C.No.9883/2021,

with the condition "subject to verification of the fact that there is no

criminal antecedent against the present applicant." Learned counsel

for the applicant submits that at the time of arguments, he was not

aware of the fact that one criminal case was registered against the

present applicant/petitioner Manoj Sharma. It is pointed out that at

the time of furnishing of bail bonds when the learned trial has verified

the aforesaid aspect another case of the year 2007 was found to be

registered against the present applicant/petitioner. It is argued that he

HIGH COURT OF MADHYA PRADESH MCRC-38492-2021 (Manoj Sharma Vs THE STATE OF M.P.)

has already been acquitted in the aforesaid case vide judgment dated

12.05.2015 passed in Criminal Case No.1464/2007. Considering the

aforesaid aspect that the aforesaid offence was registered in the year

2007 and he has already been acquitted in the aforesaid case, therefore,

the aforesaid case be treated as no case.

In the aforesaid terms, the present petition is allowed and the

learned trial Court is directed to accept the bail bond furnish by the

petitioner in the aforesaid order i.e. vide order dated 01.03.2021 passed

in M.Cr.C. No.9883/2021.

The order passed in the present petition shall be read conjointly

with the order dated 01.03.2021 passed in M.Cr.C.No.9883/2021.

With the aforesaid modification, this petition is disposed of.

A copy of this order be placed in the record of

M.Cr.C.No.9883/2021.

E-copy of this order be provided to the applicant/petitioner and

E-copy of this order be sent to the trial Court concerned for

compliance. It is made clear that E-copy of this order shall be treated as

certified copy for practical purposes in respect of this order.

                                                        (Vishal Mishra)
van                                                         Judge

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                 2021.08.10 19:17:38
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