Madhya Pradesh High Court
Deepak Goswami vs The State Of Madhya Pradesh on 25 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.618/2022
Deepak Goswami Vs. State of Madhya Pradesh
Through video conferencing
Gwalior, Dated: 25.01.2022
Shri Naval Kishore Chaturvedi, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for 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 27.11.2021 in connection
with Crime No.581/2021 registered at Police Station Gwalior Distt.
Gwalior for offence under Sections 457, 380 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, theft had taken place in the house of the
complainant and one mobile carrying Sim No.7879473758 and one
bag of his sister containing Rs. 15,000/- were stolen. The stolen
mobile has been seized from the possession of the applicant. He is in
jail for the last two months. In view of his criminal antecedents, he is
ready and willing to contribute for fighting against Covid-19
Pandemic as well he is ready and willing to furnish cash surety by
way of stringent condition. It is further submitted that in most of the
criminal cases he has already been acquitted. 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
M.Cr.C.618/2022
Deepak Goswami Vs. State of Madhya Pradesh
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that applicant has a criminal
history and 24 more criminal cases have been registered against the
applicant, out of which, most of the cases were of theft.
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
subject to deposit of Rs. 15,000/-in the Registry of this Court which
shall be utilized for upgrading the civil dispensary functioning in the
Court premises for fighting against ongoing Civid-19 Pandemic and
on furnishing cash surety of Rs. 1,00,000/- (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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.618/2022
Deepak Goswami Vs. State of Madhya Pradesh
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
2022.01.25
16:45:50 +05'30'
