Kartar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1873 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-7404-2022 Kartar Vs. State of MP

Through Video Conferencing

Gwalior, Dated : 10.02.2022

Shri Sanjeev Goyal, Counsel for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case Diary is not available.

This fourth application under Section 439 of CrPC has been

filed for grant of bail. Third application of the applicant was dismissed

by order dated 05.01.2022 passed in M.Cr.C. No.63960/2021 with

liberty to revive the prayer after undergoing reasonable period of

detention.

The applicant has been arrested on 29.07.2021 in connection

with Crime No.136/2021 registered at Police Station Maharajpura

Distt. Gwalior for offence under Sections 379, 414 of IPC and Section

4, 21 of Khank Avam Khaniz Adhiniyam.

It is submitted by the counsel for the applicant that although his

previous bail applications have been rejected, but he is in jail for he

last six months. The applicant has no criminal history and the Trial is

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

of his absconding or tampering with the prosecution case. It is further

submitted that the applicant was never released on temporary parole in

the wake of Covid-19 Pandemic and it is further submitted that some

of the witnesses have been examined.

THE HIGH COURT OF MADHYA PRADESH MCRC-7404-2022 Kartar Vs. State of MP

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the illegal mining is a

menace to the ecological balance of the area and the fact of illegal

mining has already been considered by the Supreme Court in the case

of Jayant Vs. State of MP passed on 03.12.2020 in Cr.A. No.324-

825/2020. Since the case diary is not available, therefore, he is not in a

position to make a statement as to whether the applicant has criminal

history or not.

Heard the learned counsel for the parties.

It is the case of the applicant that the applicant has no criminal

antecedents and he was never released on temporary parole.

Accordingly, without commenting on the merits of the case, the

application is allowed. It is directed that the applicant be released on

bail 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.

Before releasing the applicant on bail, the Trial Court shall

verify as to whether the applicant has a criminal history or not. If it is

found that the applicant has a criminal history, then the applicant shall

not be released on bail. The Trial Court shall further clarify as to

THE HIGH COURT OF MADHYA PRADESH MCRC-7404-2022 Kartar Vs. State of MP

whether the applicant was ever released on temporary parole in the

wake of Covid-19 Pandemic or not and if it is found that he was

released on temporary parole, then this order shall automatically loses

its effect and the Trial Court shall not be obliged to release the

applicant on bail.

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

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 2022.02.14 17:28:20 +05'30'