Sultan Lohpeeta vs The State Of Madhya Pradesh
2021 Latest Caselaw 6921 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-52865-2021 Sultan Lohpita Vs. State of MP

Gwalior, Dated: 27-10-2021

Shri Sushil Goswami, Counsel for the applicant.

Shri B.S. Gaur, 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 19.08.2021 in connection

with Crime No.343/2021 registered by Police Station Bhitarwar

Distt. Gwalior for offence punishable under Sections 436, 34 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant and the co-accused Uttam had

burnt residential places of the complainant, as a result, a total lost of

rupees 40-50 thousand has been caused. It is submitted that although

the allegations of burning the residential places are false and an

exorbitant damage has been assessed, but without prejudice to their

defence, the applicant is ready and willing to deposit certain amount

so that the damage caused to the complainant can be compensated.

The applicant is in jail for the last more than two 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. However, after going through the police case

THE HIGH COURT OF MADHYA PRADESH MCRC-52865-2021 Sultan Lohpita Vs. State of MP

diary, it is submitted that neither any injury was caused to any person

nor the applicant has any criminal history.

Considering the facts and circumstances of the case as well as

considering the period of detention, without commenting on the

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

applicant be released on bail on depositing an amount of

Rs.25,000/- (Rupees Twenty Five Thousand) before the Trial

Court and 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.

It is made clear that the deposit of Rs.25,000/- shall be without

any prejudice to the defence of the applicant and if the applicant is

acquitted, then the said amount shall be refundable to him. In the

meanwhile, on furnishing adequate surety to the satisfaction of the

Trial Court, the amount of Rs.25,000/- be released in favour of the

complainant after obtaining an undertaking that in case, if the

applicant is acquitted, then the complainant shall immediately refund

the amount so deposited by the applicant.

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-52865-2021 Sultan Lohpita Vs. State of MP

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) Judge Abhi ABHISHEK CHATURVEDI 2021.10.27 17:49:40 +05'30'