Citation : 2021 Latest Caselaw 8637 MP
Judgement Date : 10 December, 2021
THE HIGH COURT OF MADHYA PRADESH MCRC.59398/2021 Jitendra Singh V. State of M.P.
Gwalior, Dated:10.12.2021
Ms. Kalpana Parmar, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for the State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. Previous application was dismissed by order
dated 26.10.2021 passed in M.Cr.C. No. 52056/2021.
The applicant has been arrested on 25.09.2021 in connection
with Crime No.52/2021 registered at Police Station G.R.P. Morena
Distt. Morena for offence under Section 392 of IPC and 11/13
MPDVPK Adhiniayam.
It is submitted by the Counsel for the applicant that according
to the prosecution case, the applicant had snatched a hand bag from
the complainant which was containing gold and artificial ornaments.
The applicant was arrested on the spot. He is in jail form 25.09.2021
and the previous bail application was rejected on 26.10.2021 on the
ground of short period of detention. The applicant has no criminal
history. The Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution
case.
Per contra, the application is vehemently opposed by the
counsel for the State. However, it is fairly conceded that the applicant
THE HIGH COURT OF MADHYA PRADESH MCRC.59398/2021 Jitendra Singh V. State of M.P.
has no criminal history.
Considering the facts and circumstances of the case, 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.
It is further directed that the applicant shall appear before the
S.H.O. Police Station G.R.P., Morena District Morena on 1st of
every month during the pendency of the Trial. In case of bail jump
or non-appearance of the applicant before the police station as
directed by this Court, this order shall lose its effect.
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 17:02:02 +05'30'
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