[email protected] vs The State Of Madhya Pradesh
2021 Latest Caselaw 7784 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 47674/2021 (MAHESH @ JULI AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 24/11/2021

Shri Rohit Shrivastava, Counsel for applicant.

Shri R.K.Awasthi, Counsel for 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 13.08.2021 in connection

with Crime No.393/2021 registered at Police Station Kotwali,

District Datia for offence under Sections 379, 414 of IPC.

It is submitted by Counsel for the applicant that according to

the prosecution case, the stolen motor cycle of complainant has been

seized from the possession of applicant. It is fairly conceded that five

more stolen motor cycles have been recovered from the possession

of applicant. However, it is submitted that applicant is in custody

since 13.08.2021 and in view of the criminal antecedents of the

applicant as well as seizure of five more stolen motor cycles from the

possession of applicant, he is ready and willing to abide by any

stringent condition which may be imposed by the Court. The Trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that five more stolen motor cycles have

been seized from the possession of applicant and applicant has a

THE HIGH COURT OF MADHYA PRADESH MCRC No. 47674/2021 (MAHESH @ JULI AHIRWAR Vs THE STATE OF MADHYA PRADESH)

criminal history and three more criminal cases of similar nature have

been registered against him.

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.1,00,000/- (Rupees One Lac Only) 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 case, the title deeds have been deposited,

then the same shall not be returned unless and until the surety

amount is deposited.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 47674/2021 (MAHESH @ JULI AHIRWAR Vs THE STATE OF MADHYA PRADESH)

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 2021.11.24 17:42:36 +05'30'