Imran Ali vs The State Of Madhya Pradesh
2021 Latest Caselaw 9146 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.62470/2021 (IMRAN ALI VS. STATE OF M.P.)

Gwalior, Dated : 22/12/2021

Shri Sankalp Sharma, learned counsel for the applicant.

Shri C.P.Singh, learned counsel for the 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 03/12/2021 in connection

with Crime No.739/2021 registered at Police Station Gwalior, District

Gwalior for offence under Sections 380 and 457 of IPC.

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

the prosecution case, certain stolen mobiles were seized from the

possession of the applicant including that of the complainant.

Although, the applicant has a criminal history, but he is in jail for the

last more than 20 days. 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 this 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.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC No.62470/2021 (IMRAN ALI VS. STATE OF M.P.)

directed that the applicant shall be released on bail on furnishing cash

surety of Rs.1,00,000/- (Rupees One Lac) 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 reference to

the Court.

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.

C.C. as per rules.

                                                                      (G.S. Ahluwalia)
Pj'S/-                                                                      Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.12.22
         15:40:29 -08'00'