Raja vs The State Of Madhya Pradesh
2022 Latest Caselaw 10179 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 27th OF JULY, 2022

               MISC. CRIMINAL CASE No. 35959 of 2022

        Between:-
        RAJA S/O JULLAN KHAN, AGED ABOUT 23
        YEARS, GRAM BARKHEDA HEMRAJ P.S DEHAT
        (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI M.L. YADAV-ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION P.S. DEHAT (MADHYA
        PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI NAVAL KISHORE GUPTA-PUBLIC PROSECUTOR)

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been

filed for grant of bail. First bail application of the applicant was dismissed by order dated 08.04.2022 passed in MCRC No.17557/2022 with liberty to revive the prayer after undergoing some reasonable period of detention.

The applicant has been arrested on 01.02.2022 in connection with Crime No.48/2022 registered at Police Station Dehat Ashoknagar, District Ashoknagar for the offence under Sections 457, 380 of IPC.

This repeat application has been filed on the ground of period of

detention.

It is submitted that 7 batteries worth Rs.50,000/- as well as a toolbox was stolen from the shop of the complainant. The entire stolen goods have been seized from the possession of the applicant. Although, the applicant has a criminal history and three more cases of similar in nature has been registered against him but he is in jail for the last more than 5 months (approximately 6 months). In view of the criminal history, he is ready and willing to abide by any stringent condition, which may be imposed by this Court, including that of furnishing cash surety. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and three more cases of similar in nature has been registered against him.

Considering the period of detention as well as the criminal antecedents of the applicant and without commenting on the merits of the case, the application i s allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lacs) 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 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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Van

VANDANA VERMA 2022.07.27 18:30:58 -07'00'