Nitin Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 2391 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-8084-2022 Nitin Sharma Vs. State of MP

Gwalior, Dated : 21/02/2022

Shri Atul Gupta, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case Diary is available.

This first application under Section 439 of CrPC has been field

for grant of bail.

The applicant has been arrested on 01.12.2021 in connection

with Crime No.934/2021 registered at Police Station Kotwali Distt.

Morena for offence under Sections 294, 336, 341, 308, 34 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant pelted stones causing injury on

frontal temporal bone of the complainant, however, no fracture was

sustained by him. The co-accused Sagar Sikarwar has been granted

bail by order dated 20.12.2021 passed in M.Cr.C. No.62444/2021. It is

submitted that although the case of the applicant is slightly

distinguishable from the case of Sagar Sikarwar because the alleged

gunshot fired by Sagar did not hit anybody, but the applicant is in jail

for the last more than 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. However, it is submitted that in

view of the criminal antecedents, he is ready and willing to abide by

any stringent condition which may be imposed by this Court.

THE HIGH COURT OF MADHYA PRADESH MCRC-8084-2022 Nitin Sharma Vs. State of MP

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and as many as two cases were registered under Section 307 of

IPC and one under Section 308 of IPC.

Considering the period of detention, 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.100,000/- (Rupees One Lac) 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.

THE HIGH COURT OF MADHYA PRADESH MCRC-8084-2022 Nitin Sharma Vs. State of MP

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 Abhi ABHISHEK CHATURVEDI 2022.02.21 17:29:51 +05'30'