Madhya Pradesh High Court
Shishupal Singh vs The State Of Madhya Pradesh on 29 October, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC-52209-2021
Shishupal Singh Vs. State of MP
Gwalior, Dated: 29-10-2021
Shri S.K. Mishra, Counsel for the applicant.
Shri B.M. Shrivastava, 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 applicant has been arrested on 04.08.2021 in connection
with Crime No.275/2017 registered at Police Station Ambah Distt.
Morena for offence under Section(s) 323, 294, 452, 506, 459, 34 of
IPC.
It is submitted by the counsel for the applicant that earlier the
applicant was granted bail, but he did not appear before the Trial
Court on 15.02.2021 and had surrendered only on 04.08.2021.
However, previous two bail applications have already been dismissed
by order dated 24.08.2021 passed in M.Cr.C. No.40810/2021 and
order dated 24.09.2021 passed in M.Cr.C. No.45899/2021, but the
applicant is in jail for the last more than two and half months after his
surrender. The applicant has learnt a lesson and now he undertakes to
appear before the Trial Court regularly. The Trial is likely to take
sufficiently long time and now there is no possibility of his
absconding or tampering with the prosecution case. It is further
submitted that the applicant in order to show his bonafide is not only
THE HIGH COURT OF MADHYA PRADESH
MCRC-52209-2021
Shishupal Singh Vs. State of MP
ready and willing to deposit the amount of bail bond executed by him
on the earlier occasion, but in view of the criminal antecedents, he is
also ready and willing to abide by any stringent condition which may
be imposed by this Court.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted by Shri Shrivastava that the
applicant has a criminal history. However, after going through the
police case diary, it is fairly conceded that there is nothing on record
to indicate that any offence was committed by the applicant during
his period of abscondance.
Considering the period of detention after his re-arrest and
without commenting on the merits of the case, the application is
allowed. It is directed that the applicant shall be released on bail
subject to deposit the amount of bail bond executed by the
applicant on the earlier occasion and on furnishing cash surety of
Rs.1,00,000/- (Rupees One Lac) 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC-52209-2021
Shishupal Singh Vs. State of MP
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 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
Abhi
ABHISHEK
CHATURVEDI
2021.10.29
15:36:43
+05'30'
