Indal Singh @ Indaliya vs The State Of Madhya Pradesh
2022 Latest Caselaw 17039 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 21 st OF DECEMBER, 2022
       MISCELLANEOUS CRIMINAL CASE No. 58830 of 2022

BETWEEN:-
INDAL SINGH @ INDALIYA S/O SHRI KUMER SINGH
GURJAR, AGED 35 YEARS, OCCUPATION: LABOUR R/O
GRAM GHAMANDI KI KHOD POLICE THANA NAGRA
DISTRICT MORENA (MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI D.R. SHARMA- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
THANA PHOOP DISTRICT BHIND (MADHYA PRADESH)

                                                             .....RESPONDENT
(BY M.S. KALPANA PARMAR- PANEL LAWYER)

      This application coming on for hearing this day, the court passed the
following:
                                   ORDER

Case Diary is available.

This third application under Section 439 of CrPC has been filed for grant of bail. Second bail application was dismissed by order dated 23.09.2022 passed in MCRC No.43096/2022.

The applicant has been arrested on 26.03.2022 in connection with Crime No.183/2012 registered at Police Station Phoop, District Bhind for offence under Sections 392, 395, 412 of IPC and 11/13 of MPDVPK.

It is submitted by the counsel for the applicant that it is a case of bail

jump. The previous bail application was considered and dismissed on merits by order dated 23.09.2022 passed in MCRC No.43096/2022. It is submitted that it is true that whenever the applicant was granted bail, he jumped bail, but at present, he is in jail from 26.03.2022. Earlier also he has remained in jail for a considerable long time. He has learned a lesson and 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 the prosecution case.

Per contra, the application is vehemently opposed by the counsel for

the State. It is submitted that whenever the applicant was released on bail, he misused his liberty by absenting himself from the Trial Court.

Heard the learned counsel for the parties.

The applicant is in jail from 26.03.2022 after his rearrest. Looking to the previous conduct of the applicant in remaining absent from Trial Court, this Court is of the considered opinion that he can be granted bail only on stringent condition of furnishing cash surety.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that subject to deposit of bail bond executed by applicant on earlier occasion, the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac) 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 deposit of amount of earlier bail bond shall be condition precedent for release of applicant.

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 Avi

Digitally signed by ABHISHEK CHATURVEDI Date: 2022.12.21 18:06:48 +05'30'