Pawan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8170 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.58032/2021
                Pawan Singh vs. State of M.P.

Gwalior, Dated :03/12/2021

       Shri M.S. Rawat, Counsel for the applicant.

       Shri Rajesh Shukla, Deputy Advocate General for the

respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 26.9.2021 (wrongly

mentioned as 2.10.2021 in the bail application) in connection with

Crime No.25/2021 registered at Police Station G.R.P. Vidisha, District

Vidisha for offence under Sections 392, 201 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant is alleged to have snatched a

mobile phone from the complainant in a running train. Although the

mobile phone has been seized from the possession of the applicant

which has been duly identified by the complainant but the applicant is

in jail from 26.9.2021 (wrongly mentioned as 2.10.2021 in the bail

application). In view of the criminal antecedents of the applicant, he

is ready and willing to abide by any stringent condition which may 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 or tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC No.58032/2021 Pawan Singh vs. State of M.P.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, after going through the

police case diary, it is submitted that the applicant has a criminal

history and as many as six criminal cases have been registered against

him, however, no case for heinous offence was ever registered.

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.1,00,000/- (Rupees One Lac 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.58032/2021 Pawan Singh vs. State of M.P.

reference to the Court. In case, the title deeds have been deposited,

then the same 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)
 (alok)                                                             Judge




ALOK KUMAR
2021.12.03 15:04:49 +05'30'