Citation : 2022 Latest Caselaw 2002 MP
Judgement Date : 14 February, 2022
THE HIGH COURT OF MADHYA PRADESH MCRC-7679-2022 Raisingh @ Chhotulal Vs. State of MP
Gwalior, Dated : 14/02/2022
Shri Anshu Gupta, Counsel for the applicant.
Shri N.K. Gupta, Counsel for the State.
This application under Section 482 of CrPC has been filed
seeking deletion of Condition No. 7 imposed by the coordinate Bench
of this Court while granting bail to the applicant.
It is submitted by the counsel for the applicant that the applicant
was granted bail by order dated 07.12.2021 passed in M.Cr.C.
No.54692/2021. However, Condition No. 7 was also imposed which
reads as under:-
"7. If the applicant is found involved in any other case except present one, the bail granted to the applicant shall stand rejected without reference to the court;"
It is submitted by the counsel for the applicant that since the
applicant has been convicted in one offence which was decided by the
Additional CJM, Chheepabadod District Bara (Rajasthan), therefore,
he has not been released. It is further submitted that since the said
offence was committed in the year 2015, therefore, Condition No. 7
may be deleted.
Heard the learned counsel for the parties.
In the first half of the day, counsel for the applicant was directed
to file copy of the judgment passed in a case in which he has been
THE HIGH COURT OF MADHYA PRADESH MCRC-7679-2022 Raisingh @ Chhotulal Vs. State of MP
convicted. Accordingly, copy of the judgment dated 17.04.2015
passed by the concerning Court, has been placed on record. According
to which, the applicant had pleaded guilty and accordingly he was
held guilty and was given the benefit of Probation of Offenders Act.
Nobody has a right to commit offence frequently even if they are
enlarged on bail. Earlier the applicant was tried for offence under
Sections 341, 323/34, 325, 504 of IPC in which he pleaded guilty.
Under these circumstances, this Court is of the considered
opinion that at present, no case is made out for deleting the condition
No. 7 as imposed by the coordinate Bench of this Court by order dated
07.12.2021 passed in M.Cr.C. No.54692/2021.
Accordingly, the application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge
Abhi ABHISHEK CHATURVEDI 2022.02.15 14:56:21 +05'30'
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