Madhya Pradesh High Court
Lakhan Singh vs The State Of Madhya Pradesh on 21 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
M.CrC.3628 /2022
Lakhan Singh v. State of M.P
Through video conferencing
Gwalior, Dated: 21.01.2022
Shri Brajesh Tyagi, Counsel for the applicant.
Ms. Kalpana Parmar, Counsel for the 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 16.11.2021 in connection
with Crime No.50/2019 registered by Police Station Saraichola Distt.
Morena for offence punishable under Sections 323, 384, 403 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, on 30.03.2019 the applicant and another
accused persons went to construction site and threatened the
complainant on the allegation as to why the police report was lodged
against the accused persons and also started assaulting the
complainant and his labourers and also demanded an amount of Rs.
5,00,000/- for continuing construction. It is submitted that the
applicant is aged about 63 years. He was not aware that any criminal
offence was registered against him. He is in jail from 16.11.2021. The
applicant is ready and willing to abide by any stringent condition
which may be imposed by this Court. 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 appeal is vehemently opposed by the counsel
THE HIGH COURT OF MADHYA PRADESH
M.CrC.3628 /2022
Lakhan Singh v. State of M.P
for the State. It is submitted that the applicant has a criminal history
and two more criminal cases were registered against him. However,
it is fairly conceded that no heinous offence was registered, but he
was absconding for more than 2 ½ years.
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. 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.
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
THE HIGH COURT OF MADHYA PRADESH
M.CrC.3628 /2022
Lakhan Singh v. State of M.P
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
2022.01.22
12:25:55 +05'30'
