Jay Seth (Gupta) vs The State Of Madhya Pradesh
2022 Latest Caselaw 459 MP

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             HIGH COURT OF MADHYA PRADESH
                   MCRC-63371/2021
 (JAY SETH (GUPTA) Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated: 10.01.2022
      Shri Amit Lahoti, learned counsel for the applicant.

      Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

The present petition invoking inherent powers of this Court u/S

482 Cr.P.C. has been filed seeking modification/deletion of a

condition contained in the order dated 20.01.2017 in M.Cr.C. No.

451/2017 granting anticipatory bail to the applicant that this order

shall remain operative for a period of sixty days and during this

period the applicant is free to move the regular bail application before

the concerned Court.

It is submitted by learned counsel for the applicant that the

applicant has already furnished bail before the arresting officer.

Thereafter, the investigating officer filed a charge-sheet before the

concerning court without giving any information to the applicant. It

is further submitted that charge sheet was filed against other co-

accused persons and they were acquitted by the trial Court. Hence,

prayed for modification/deletion of the condition that this order shall

remain operative for a period of sixty days.

In support of his contention, he has placed reliance on a

decision rendered by Hon.the Apex Court in the case of Siddharam

Satlingappa Mhetre Vs. State of Maharashtra and others reported

in 2011(1) M.P.H.T. 430 (SC) wherein the Supreme Court has held

that "the order granting anticipatory bail for a limited duration and

thereafter directing the accused to surrender and apply before a

regular bail is contrary to the legislative intention and the judgment of

the Constitution Bench in Gurbaksh Singh Sibbia and others Vs.

State of Punjab (1980) 2 SCC 565."

Heard learned counsel for the parties through Video

Conferencing.

In view of the aforesaid decision of the Supreme Court, the

above mentioned condition that order dated 20.01.2017 shall remain

operative for a period of sixty days and during this period the

applicant is free to move the regular bail application before the

concerned Court stands deleted. The order dated 20.01.2017 shall

remain operative till conclusion of trial.

With aforesaid modification/deletion, the petition stands

disposed of.

Certified copy as per rules.

(Deepak Kumar Agarwal) Judge vv

VALSALA VASUDEVAN 2022.01.11 10:34:45 +05'30'