Rajjan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7473 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-51077-2021 Rajjan Vs. State of M.P.

Gwalior, Dated : 16/11/2021

Shri J.P. Kushwah, Counsel for applicant.

Shri Rinkesh Goyal, 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. The second bail application was dismissed by

order dated 20.09.2021 in M.Cr.C. No.46345/2021 as withdrawn with

liberty to revive after undergoing some reasonable period of

detention.

The applicant has been arrested on 29.06.2021 in connection

with Crime No.331/2021 registered at the Police Station Karera Distt.

Shivpuri for the offence punishable under Section 392 of IPC and

Section 11/13 of MPDVPK Act.

It is submitted by Counsel for applicant that although an

amount of rupees twenty five hundred, a mobile and motorcycle of

the complainant have been recovered from the possession of applicant

and he has been duly identified in the Test Identification Parade but

he is in jail from 29.06.2021. However, Counsel for applicant fairly

conceded that he has no information as to whether applicant was ever

released on temporary parole in wake of COVID-19 pandemic or not.

It is further submitted that the applicant has no criminal history. The

trial is likely to take sufficiently long time and there is no possibility

THE HIGH COURT OF MADHYA PRADESH MCRC-51077-2021 Rajjan Vs. State of M.P.

of his absconding or tampering with prosecution case.

Per contra, the application is opposed by Counsel for the State.

However, it it conceded that applicant is in jail from 29.06.2021, i.e.

approximately five months. It is also fairly conceded that there is

nothing in the case diary to indicate that the applicant has any

criminal antecedents.

Considering the facts and circumstances of the case and

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/- (Rs.One Lac

Only) 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Karera, District Shivpuri 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.

Before releasing the applicant, the Court below shall verify that

whether the applicant was ever released on temporary parole in the

wake of Covid 19 pandemic or not. If the applicant was released on

temporary parole, then this order shall automatically lose its effect

THE HIGH COURT OF MADHYA PRADESH MCRC-51077-2021 Rajjan Vs. State of M.P.

and the Court below shall not be under obligation to release the

applicant on bail as he is being granted bail on the ground of period

of detention.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

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

Aman AMAN TIWARI 2021.11.16 17:52:24 +05'30'