Resham Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8885 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 4th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 32008 of 2022

        Between:-
        RESHAM SINGH S/O SHRI GANERAL SINGH,
        AGED 68 YEARS, CAST SIKKHA, OCCUPATION:
        AGRICULTURE, R/O VILLAGE FATEHPUR
        POLICE STATION     DEHAT TEHSIL AND
        DISTRICT SHEOPUR (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI R.K.SHARMA - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION BADODA, DISTRICT SHEOPUR
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI A.K.NIRANKARI - 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 First bail application of the applicant was dismissed as withdrawn by order dated 07/05/2022 passed in MCRC No. 22088/2022.

The applicant has been arrested on 14/04/2022 in connection with Crime No.88/2022 registered by Police Station Badoda, District Sheopur for offence punishable under Section 8/15 of NDPS Act.

According to the prosecution case, 15 kg. 500 grams of Doda Chura

was seized from the possession of the applicant. It is fairly conceded that the applicant has a criminal history and one offence under Section 34 of Excise Act was registered in the year 2004 and one offence under Section 307 of IPC was registered in the year 1988 and three more offences of simple in nature were registered in the year 1987, 1988 and 1997 respectively.

It is submitted by the counsel for the applicant that the applicant is aged about 68 years, which is evident from the arrest memo itself. First bail application was withdrawn with liberty to revive the prayer after the charge-sheet is filed. The police after completing the investigation has filed the charge-sheet. In view of the criminal antecedents, he is ready and willing to abide by any

stringent condition, which may be imposed by this Court. The applicant is in jail for the last two and half months. 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. I t is submitted that the applicant has a criminal history of five criminal cases. The total value of 15 kg and 500 grams of Doda Chura was Rs.98,000/-.

Considering the age of the applicant as well as the concessional statement made by the his counsel, the application can be considered only on stringent condition 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) 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.04 17:28:55 -07'00'