Madhya Pradesh High Court
Pinki Alias Sagar Singh vs The State Of Madhya Pradesh on 10 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC.58224/2021
Pinki alias Sagar Singh V. State of M.P.
Gwalior, Dated:10.12.2021
Shri Anand Purohit, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for the State.
Case diary is available.
This third application under Section 439 of Cr.P.C. has been
filed for grant of bail. Previous application was dismissed by order
dated 10.08.2021 passed in M.Cr.C. No. 38690/2021.
The applicant has been arrested on 24.01.2020 in connection
with Crime No.10/2020 registered at Police Station Subhashpura
Distt. Shivpuri for offence under Sections 307, 34 of IPC and under
Sections 25/27 of Arms Act and 11/13 of MPDVPK Adhiniayam.
It is submitted by the Counsel for the applicant that the police
had got an information about the fact that the gang of the dacoits is
making preparation of committing dacoity. Accordingly, the police
party raided the spot and there was exchange of fires between the
dacoits as well as police party. The applicant was arrested on the spot
along with .12 Bore Single Barrel Gun with 8 live cartridges of .12
Bore Gun. It is submitted that applicant in in jail from 24.01.2020
and he has a criminal history and one more offence has been
registered against him. The Trial is likely to take sufficiently long
time and there is no possibility of his absconding or tampering with
the prosecution case. It is further submitted that in view of criminal
THE HIGH COURT OF MADHYA PRADESH
MCRC.58224/2021
Pinki alias Sagar Singh V. State of M.P.
antecedent of the applicant, he is ready and willing to abide by any
stringent condition which may be imposed by this Court. He was
never released on temporary parole in the wake of Covid-19
Pandemic.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that the applicant had fired at
police party, however, no one suffered any injury.
Considering the period of detention, without commenting on
the merits of the case, the application is allowed. It is directed that
the applicant be released on bail on furnishing a personal bond in the
sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like
amount 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.
Before releasing the applicant on bail, the Court below shall
verify as to whether the applicant was ever released on temporary
parole in the wake of Covid-19 pandemic or not. If it is found that the
applicant was released on temporary parole, then this order shall
automatically come to an end and the Court below shall not be
obliged to release the applicant on bail as the applicant is being
released purely on the ground of period of detention.
THE HIGH COURT OF MADHYA PRADESH
MCRC.58224/2021
Pinki alias Sagar Singh V. State of M.P.
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.
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
ar
ABDUR RAHMAN
2021.12.10
17:02:35 +05'30'
