Madhya Pradesh High Court
Surendra Jaat vs The State Of Madhya Pradesh on 10 February, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6258/2022
Surendra Jaat vs. State of M.P.
Through Video Conferencing
Gwalior, Dated : 10/02/2022
Shri Amit Lahoti, Counsel for the applicant.
Shri Lokendra Shrivastava, Counsel for the respondent/State.
Shri V.P.S. Tomar, Counsel for the complainant.
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 21.01.2022 in connection
with Crime No.185/2017 registered at Police Station Kotwali, District
Sheopur for offence under Sections 354, 354(a), 354(d), 506 of IPC.
It is submitted by the counsel for the applicant that earlier the
applicant was granted bail but since he was not cooperating in the
trial, therefore, his bail was cancelled by order dated 5.1.2022 passed
in M.Cr.C.No.8244/2020. The applicant has thereafter surrendered
before the Trial Court. The applicant has also appeared in other two
criminal cases in which he was absconding. The applicant is being
tried for bailable offences. He undertakes to appear regularly before
the Trial Court without any single default.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State as well as counsel for the
complainant. It is submitted by the counsel for the complainant that
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6258/2022
Surendra Jaat vs. State of M.P.
the applicant who is a constable in the Police Department is still
pressurizing and threatening the complainant.
In reply, it is submitted by the counsel for the applicant that at
present the applicant is posted in District Datia and he would make an
application for his transfer to either Jhabua, Alirajpur or Rewa in order
to ensure that he stays away from the respondent/complainant.
Considering the submissions made by the counsel for the
applicant as well as the respondent coupled with the concessional
statement made by the counsel for the applicant, the application is
allowed. It is directed that in case if the applicant moves an
application within a period of two days from his release for his
transfer to either Jhabua, Alirajpur or Rewa, then the said application
shall be allowed by the Competent Authority. Apart from that 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 Only) 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 further directed that the applicant shall also file copy of his
transfer application with acknowledgment of receipt before the Trial
Court within three days of his release. It is further clarified that the
applicant shall not commit even a single default in appearance before
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6258/2022
Surendra Jaat vs. State of M.P.
the Trial Court. It is directed that in case, if the applicant does not file
copy of his transfer application with his acknowledgment of receipt or
he commits even a single default in appearance before the Trial Court,
then it would automatically result in recall of this order and the Trial
Court shall issue warrant of arrest against 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
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
(alok)
ALOK KUMAR
2022.02.11 18:10:36 +05'30'
