Babu vs The State Of Madhya Pradesh
2022 Latest Caselaw 2164 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.8513/2022 Babu v. State of M.P.

Gwalior, Dated: 16.02.2022

Shri Mukesh Sharma for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case diary is not available.

This sixth application under Section 439 of Cr.P.C. has been

filed for grant of bail. Previous application was dismissed by order

dated 20.12.2021 passed in M.Cr.C. No.61743/2021.

The applicant has been arrested on 02.08.2021 in connection

with POR No. 31767/01 registered at Police Station- Van Parichetra

Range Ochapur, Distt. Sheopur under Sections 02, 09, 51 Van Prani

Sarankshan Adhiniyam.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant and the co-accused Jagdeesh

Moghiya were coming back after killing Wild boar. They were chased

by the forest staff and on inspection of their bag, the flesh of Wild

Boar and skin was found. During the interrogation process, the

applicant and the co-accused ran away after leaving the flesh and

skin of the Wild Boar on the spot. Thereafter, the applicant

absconded for seven years. It is submitted that the applicant is in jail

from 02.08.2021 i.e. for the last more than six months. In view of his

conduct of running away at the time of investigation/interrogation

and remaining absconding for seven years, 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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.8513/2022 Babu v. State of M.P.

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 in absence of the police case

diary, he is not in a position to make a statement as to whether the

applicant has a criminal history or not.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed. It is directed that the applicant shall be released on bail on

furnishing cash surety of Rs. 2,00,000/- (Rupees Two Lacs 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.

It is made clear that before releasing the applicant on bail, the

Trial Court shall verify the criminal antecedents of the applicant and

if it is found that the applicant has a criminal antecedents, then this

order would automatically lose its effect and the Trial Court shall not

be under an obligation 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.

It is made clear that single default in appearance before the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.8513/2022 Babu v. State of M.P.

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 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 2022.02.17 10:21:05 +05'30'