Suneel Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 854 MP

                          1
          THE HIGH COURT OF MADHYA PRADESH
                         MCRC No. 1750/2022
    (SUNEEL JATAV AND ANOTHER Vs STATE OF MADHYA PRADESH)

                   Through Video Conferencing

Gwalior, Dated : 18/01/2022

      Shri Girdhar Gopal Shivhare, Counsel for applicants.

      Shri Naval Gupta, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicants have been arrested on 22.11.2021 in connection

with Crime No.703/2021 registered by Police Station - Kotwali,

Shivpuri, District Shivpuri for offence punishable under Section 379

of IPC.

      It is submitted by the Counsel for the applicants that according

to the prosecution case, 15 mobile tower batteries were stolen. Eight

are alleged to have been recovered from the possession of applicant

No.1-Suneel Jatav, whereas seven are alleged to have been recovered

from the possession of applicant No.2-Shrilal Jatav. Although the

batteries are alleged to have been identified but the applicants are in

jail from 22.11.2021 i.e. for approximately two months and in the

wake of on-going COVID-19 pandemic, their bail application may be

considered sympathetically. The trial is likely to take sufficiently

long time and there is no possibility of their absconding or tampering

with prosecution case.
                                                  2
                                 THE HIGH COURT OF MADHYA PRADESH
                                              MCRC No. 1750/2022
                           (SUNEEL JATAV AND ANOTHER Vs STATE OF MADHYA PRADESH)

                             Per contra, the application is vehemently opposed by the

                       Counsel for the respondent/State. It is submitted that the applicant

No.1 has a criminal history and one more offence under the Public

Gambling Act has been registered against him.

Heard the learned counsel for the parties.

Considering the period of detention as well as the fact that in

the wake of Covid-19 pandemic, it is also necessary to decongest the

jail and without commenting on the merits of the case, the application

is allowed. It is directed that the applicants be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One

Lac Only) each with one surety each in the like amount 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 the trial but in

case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.01.19 10:59:28 +05'30'