Madhya Pradesh High Court
Parasram vs The State Of Madhya Pradesh on 21 April, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19129/2022
Parasram vs. State of M.P.
Gwalior, Dated : 21/04/2022
Shri S.S. Rajpoot, Counsel for the applicant.
Shri C.P. Singh, Counsel for respondent/State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. The first application was dismissed by order
dated 12.8.2021 passed in M.Cr.C.No.39909/2021.
The applicant has been arrested on 30.9.2020 in connection with
Crime No.662/2017 registered at Police Station Kotwali, District
Ashoknagar for offence under Sections 394, 395, 450, 342, 506, 120-
B, 212, 216, 34 of IPC.
It is submitted by the counsel for the applicant that previous bail
application of the applicant was dismissed by order dated 12.8.2021
primarily on the ground that the applicant was absconding and could
be arrested only after three years of the incident. The allegations were
that in a liquor shop, a dacoity was committed and an amount of
Rs.41,80,000/- were looted. Only an amount of Rs.27,000/- has been
seized from the possession of the applicant. The applicant is in jail
from 30.9.2020. The applicant undertakes to appear before the Trial
Court regularly without any default. Since the applicant was
absconding for three years, therefore, in order to show his bonafides,
he is ready and willing to abide by any stringent condition which may
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19129/2022
Parasram vs. State of M.P.
be imposed by the Court including that of furnishing cash surety. The
trial is likely to take sufficiently long time and there is no possibility
of his absconding of tampering with the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State.
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 shall be released on bail on furnishing cash
surety of Rs.2,00,000/- (Rupees Two Lacs 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19129/2022
Parasram vs. State of M.P.
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 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
Arun*
ARUN KUMAR MISHRA
2022.04.22 14:45:13 +05'30'
