Devilal @ Guddu Meena vs The State Of Madhya Pradesh
2021 Latest Caselaw 7516 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.55523/2021 Devilal alias Guddu Meena vs. State of M.P

Gwalior, Dated :17.11.2021

Shri S.S. Rajpoot, 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 30.07.2021 passed in M.Cr.C. No. 37299/2021.

The applicant has been arrested on 15.05.2021 in connection

with Crime No.129/2021 registered at Police Station Kumbhraj Distt.

Guna for offence under Sections 8/20, 29 of NDPS Act.

It is submitted by Counsel for the applicant that according to

prosecution case 4 Kg and 700 grams of Ganja was seized from the

pillion rider who is the wife of the applicant. Applicant is in jail for

the last more than six months and he was never released on parole in

the wake of second wave Covid-19 Pandemic. Although the first bail

application has been rejected on merits by order dated 30.07.2021

passed in M.Cr.C. No. 37299/2021 as well as the applicant has

criminal history and one more offence under Section 8/20 of NDPS

Act was registered in the year 2018, but his prayer for bail may be

considered on the ground of period of detention. It is further

submitted that in view of criminal antecedents of the applicant, he is

ready and willing to abide by any stringent condition which may be

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.55523/2021 Devilal alias Guddu Meena vs. State of M.P

imposed by the Court including that of furnishing cash surety.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that applicant has criminal

history and one more offence under Section 8/20 of NDPS Act was

registered in the year 2018.

Considering the period of detention and without commenting

on the merits of the case, the application is allowed. It is directed that

the applicant shall be released on bail on furnishing cash surety of Rs.

1,50,000/- (Rupees One Lac Fifty Thousand) 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.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.55523/2021 Devilal alias Guddu Meena vs. State of M.P

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

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 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.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b51 0cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28E B, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342 048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.18 08:54:36 -08'00'