Madhya Pradesh High Court
Satyaveer Singh Rajput vs The State Of Madhya Pradesh on 13 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.64052/2021
(SATYAVEER SINGH RAJPUT VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 13/01/2022
Shri P.S.Bhadauriya, learned counsel for the applicant.
Shri A.P.S.Tomar, learned counsel for the State.
Case diary is available.
This sixth repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Previous bail application of the applicant
was dismissed as no maintainable by order dated 28/10/2021 passed
in MCRC No.53166/2021.
The applicant has been arrested on 11/02/2021 in connection
with Crime No.05/2021 registered at Police Station S.T.F. Unit,
District Gwalior for offence under Sections 489-B, 489-C, 489-A,
489-D and 201 of IPC.
It is submitted by the counsel for the applicant that the present
application has been filed mainly on the ground of period of custody.
The allegation against the applicant are that he was found in
possession of 25 counterfeit currency notes of the denomination of
Rs.2,000/-. The applicant is in jail from 11/02/2021. It is true that one
more offence of similar in nature has been registered against him, but
he has been released on bail. 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.64052/2021
(SATYAVEER SINGH RAJPUT VS. STATE OF M.P.)
possibility of his absconding or tampering with the prosecution case.
It is further submitted that in the wake of second wave of Covid-19
pandemic, the applicant was never released on temporary parole.
Per contra, the application is vehemently opposed by the
counsel for the State.
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) 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 case the title deeds are deposited, then the
THE HIGH COURT OF MADHYA PRADESH
MCRC No.64052/2021
(SATYAVEER SINGH RAJPUT VS. STATE OF M.P.)
same shall not be returned, unless and until the surety amount is
deposited.
Before releasing the applicant on bail, the Court below shall
verify as to whether the applicant was ever released on temporary
parole in the wake of Covid-19 pandemic or not. If it is found that the
applicant was released on temporary parole, then this order shall
automatically come to an end and the Court below shall not be
obliged to release the applicant on bail as the applicant is being
released purely on the ground of period of detention.
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.
C.C. as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.01.13
17:11:47 -08'00'
