Citation : 2022 Latest Caselaw 2157 MP
Judgement Date : 16 February, 2022
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.8359/2022
Deepak Singh alias Langda v. State of M.P.
Gwalior, Dated: 16.02.2022
Shri D.S.Kushwaha, Counsel for the applicant.
Shri Lokendra Shrivastava, Counsel for the respondent/State.
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 16.12.2021 in connection
with Crime No.338/2021 registered by Police Station Gormi Distt.
Bhind for offence punishable under Sections 25/27 of Arms Act.
It is submitted by the Counsel for the applicant that according
to the prosecution case, one .315 bore country made pistol along with
live cartridges was seized from the possession of the applicant. The
applicant has been falsely implicated. In view of criminal
antecedents, the applicant is ready and willing to abide by any
stringent condition which may be imposed by this Court including
that of furnishing cash surety. The applicant is in jail for the last two
months. 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 as many as nine more
criminal cases including offence under Section 307 of IPC have been
THE HIGH COURT OF MADHYA PRADESH M.Cr.C.8359/2022 Deepak Singh alias Langda v. State of M.P.
registered against the applicant.
Considering the period of detention as well as criminal history
applicant can be granted bail only on stringent condition.
Accordingly, the application is allowed.
It is directed that the applicant shall be released on bail on
furnishing cash surety of Rs.1,00,000/- (Rupees One Lac 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. If the title deeds are deposited, then the same
shall not be returned unless the cash surety amount is deposited.
In the light of the judgment passed by the Supreme Court in
THE HIGH COURT OF MADHYA PRADESH M.Cr.C.8359/2022 Deepak Singh alias Langda v. State of M.P.
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 ar
ABDUR RAHMAN 2022.02.16 17:48:10 +05'30'
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