Madhya Pradesh High Court
Deepak @ Manua Jatav vs The State Of Madhya Pradesh on 17 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.2845/2022
Deepak alias Manua Jatav Vs. State of M.P.
Through Video Conferencing
Gwalior, Dated: 17/01/2022
Shri Ravi Dwivedi, Counsel for the applicant.
Shri Naval Gupta, Counsel for the State.
Case diary is not 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withdrawn by order dated 17/11/2021 passed in M.Cr.C.
No.56082/2021.
The applicant has been arrested on 12/10/2021 in connection
with Crime No.98/2021 registered at Police Station Indarganj,
District Gwalior for offence under Section 392 of IPC and Sections
11, 13 of the MPDVPK, Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, the applicant alongwith co-accused had
snatched a gold chain. While dismissing the first bail application, this
Court had already mentioned that the applicant has a criminal history
and seven more criminal cases have been registered against him. It is
submitted that the applicant is in jail from 12/10/2021, i.e. from three
months. In view of the criminal antecedents, he is ready and willing
to abide by the stringent conditions, 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.
It is further submitted that in the wake of third wave of covid-19
ARUN KUMAR
MISHRA
18.01.2022
11:02
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.2845/2022
Deepak alias Manua Jatav Vs. State of M.P.
pandemic, the application for bail may be considered sympathetically.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that in absence of police case
diary, he is not in a position to make any statement regarding criminal
history of the applicant, but fairly conceded that while dismissing the
previous bail application, this Court had noticed that the applicant
has a criminal history and seven more criminal cases have been
registered against him. It is further submitted that the looted gold
chain was also seized from the possession of the applicant.
Considering the facts and circumstances of the case, period of
detention 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
ARUN KUMAR
MISHRA
18.01.2022 11:02
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.2845/2022
Deepak alias Manua Jatav Vs. State of M.P.
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
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
Arun*
ARUN KUMAR
MISHRA
18.01.2022 11:02
