Madhya Pradesh High Court
Parshuram Baghel vs The State Of Madhya Pradesh on 12 November, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.53437/2021
(PARSHURAM BAGHEL VS. STATE OF M.P.)
Gwalior, Dated : 12/11/2021
Shri S.K.Soni, learned counsel for the applicant.
Shri A.K.Nirankari, learned counsel for the State.
Case diary is available.
This is fourth repeat application under Section 439 of Cr.P.C.
has been filed for grant of bail.
The applicant has been arrested on 09/01/2021 in connection
with Crime No.138/2020 registered at Police Station Sirol, District
Gwalior for offence under Sections 379, 414 of IPC and Sections 4,
21 of The Mines and Minerals (Development and Regulation), Act,
1957 (in short "Act,1957").
It is submitted by the counsel for the applicant that this Court
by order dated 31/07/2021 passed in MCRC No.36766/2021 had
granted bail to the applicant with direction that before releasing the
applicant on bail, the Court below shall verify as to whether the
applicant has actually remained in custody for a period of six months
or not. It was further observed that in case, if the applicant has not
undergone actual custody for a period of six months, then the bail
order would automatically lose its effect. It is submitted that since the
hearing through video conferencing was going on and the counsel for
the applicant could not join at the time of hearing of previous
application, therefore, he could not point out that the applicant was
THE HIGH COURT OF MADHYA PRADESH
MCRC No.53437/2021
(PARSHURAM BAGHEL VS. STATE OF M.P.)
released on temporary parole and accordingly, the Court below has
refused to release the applicant on bail, as he was released on
temporary parole from 18/05/2021 till 16/08/2021. It is submitted
that even after the excluding temporary parole, the applicant is now
in the jail for the last more than six months. 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. It is submitted that the incidents of illegal
mining and illegal transportation of sand is increasing day by day. It
is further submitted that as per the police case diary, the applicant 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.
In the light of the judgment passed by the Supreme Court in
THE HIGH COURT OF MADHYA PRADESH
MCRC No.53437/2021
(PARSHURAM BAGHEL VS. STATE OF M.P.)
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)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2021.11.12
16:39:33 -08'00'
