Madhya Pradesh High Court
Manoj Sharma vs The State Of Madhya Pradesh on 20 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.3251/2022
Manoj Sharma vs. State of M.P.
Through video conferencing
Gwalior, Dated : 20/01/2022
Shri Prashant Sharma, Counsel for the applicant.
Smt. Padamshri Agrawal, Counsel for the respondent/State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. The first application was dismissed as
withdrawn by order dated 22.12.2021 passed in M.Cr.No.62164/2021.
The applicant has been arrested on 29.11.2021 in connection
with Crime No.129/2021 registered at Police Station Nagra, District
Morena for offence under Sections 332, 333, 342, 294, 506 and 34 of
IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, the applicant had assaulted the complainant on
the ground that he was not ready to give the benefit of Pradhanmantri
Avas Youja to ineligible persons. It is submitted that the applicant is in
jail for the last more than one and half months. The first bail
application of the applicant was dismissed by order dated 22.10.2021
with liberty to revive the prayer after undergoing some reasonable
period of detention. In view of the criminal antecedents of the
applicant, the applicant is ready and willing to furnish cash surety. The
trial is likely to take sufficiently long time and there is no possibility
of his absconding or tampering with the prosecution case.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.3251/2022
Manoj Sharma vs. State of M.P.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. It is submitted that the applicant has
a criminal history and three criminal cases have been registered
against him out of which Crime No.112/2019 was registered for
offence under Sections 332, 186, 323, 294, 506, 34 of IPC which
clearly indicates that the applicant is in habit of beating the
Government officials with intention to deter them for discharging their
official duties.
Considering the period of detention as well as the criminal
antecedents of the applicant, this Court is of the considered opinion
that he can be granted bail only on stringent condition of furnishing
cash surety 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.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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.3251/2022
Manoj Sharma vs. State of M.P.
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. In case, the title deeds have been deposited, then the same
shall not be returned unless and until the 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)
(alok) Judge
ALOK KUMAR
2022.01.21 11:01:25 +05'30'
