Raju vs The State Of Madhya Pradesh
2021 Latest Caselaw 8554 MP

                                                                   1                             CRR-2960-2021
                                           The High Court Of Madhya Pradesh
                                                    CRR No. 2960 of 2021
                                                       (RAJU Vs THE STATE OF MADHYA PRADESH)


                                Indore, Dated : 09-12-2021
                                      Shri Sachin Parmar, counsel for the petitioner.

                                      Shri Yashpal Rathore, counsel for the respondent/State.

This Criminal Revision under Section 397 Cr.P.C. has been filed against the order dated 7.9.2021 passed by Special Judge, POCSO Act, Neemuch in case No. 30/2021 whereby the petitioner's application under

section 167(2) Cr.P.C. has been rejected on the ground that it has been filed after 123 days of his arrest.

Counsel for the petitioner submits that aforesaid order runs contrary to the decision rendered by apex Court in the case of M.Ravindran Vs. Intelligence Officer, Directorate of Revenue Intelligence reported in AIR 2020 SC 5245 wherein this Court has held that even if the application is filed on any other subsequent date, the right of the petitioner to be released on default bail continues to remain enforceable. It is submitted that impugned order be set aside and the application filed under section 167(2) Cr.P.C. be

allowed.

Counsel for the State on the other hand has submitted that appropriate order may be passed in the light of the order passed by the apex Court.

Considering the fact that petitioner was arrested on 5.5.2021 whereas the application under section 167(2) Cr.P.C. was filed on 6.9.2021 i.e. after 123 days, the learned Judge of trial court ought not to have rejected the application relying upon the decision rendered by the Supreme Court in the case of M.Ravindran (supra). Para 18.2 of the said judgment is reproduced herein -

"18.2 The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.09 04:16:51 PST 2 CRR-2960-2021 before the Court, or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court."

This Court also takes note of the fact that learned Judge of the trial court while rejecting the aforesaid application has relied upon various

judgments of apex Court way back to year 2005 but has lost sight of latest judgment of Supreme Court which has lead to rejection of the application of applicant under section 167(2) Cr.P.C..

Resultantly, the petition is allowed. The impugned order dated 7.09.2021 passed by Special Judge, POCSO Act, Neemuch is set aside and consequently the application under section 167(2) Cr.P.C. preferred by the petitioner is hereby allowed. The petitioner Raju who is detained in jail from 5.5.2021 in connection with crime No.215/2021 registered at P.S. Neemuch City, Neemuch for the offence punishable under sections 363, 366, 376(2)(n), Sec.5L/6 of POCSO Act is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C..

It is also observed that if the petitioner is found involved in any of the criminal activities after his release on bail, the present bail order shall stand cancelled without further reference to the Court and the State/prosecution shall be free to arrest the accused in the present case also.

This order shall be effective till the end of trial, however, in case of bail jump, it shall become ineffective.

Let a copy of this order be also forwarded to the learned Special Judge, POCSO Act, Neemuch for perusal.

C.c. as per rules.

Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.09 04:16:51 PST 3 CRR-2960-2021 (SUBODH ABHYANKAR) JUDGE MK

Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.09 04:16:51 PST