Gabbar Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 8945 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 5th OF JULY, 2022

               MISC. CRIMINAL CASE No. 25222 of 2022

        Between:-
        GABBAR BALMIK S/O HORILAL, AGED 26
        Y E A R S , OCCUPATION: LABOUR,   R/O
        POLYTECHNIC COLLEGE KE PICHHE, MORENA
        DISTRICT MORENA (MADHYA PRADESH)

                                                              .....APPLICANT
        (BY SHRI GAURAV MISHRA-ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION CITY KOTWALI MORENA,
        DISTRICT MORENA (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 third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 28.04.2022 passed in M.Cr.C. No.19483/2022.

The applicant has been arrested on 09.04.2022 in connection with Crime No.635/2017 registered at Police Station City Kotwali, District Morena for offence under Section 392 of IPC and Section 11/13 of MPDVPK Act.

It is a case of bail jump. It appears that on 16.07.2021 and 18.08.2021, the applicant did not appear and accordingly his bail bonds were cancelled on

18.08.2021. Ultimately, the applicant surrendered before the Trial Court on 09.04.2022 along-with an application under Section 44(2) of Cr.P.C.

It is submitted by counsel for applicant that it is clear from the order sheets that during absence of applicant, no witness had ever appeared before the Trial Court, therefore, the absence of applicant has not prolonged the trial in any manner. The applicant is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. The applicant has learnt a lesson and now he would not absent himself from the Trial Court.

Per contra, the application is vehemently opposed by Counsel for the

State.

Heard learned counsel for the parties.

Considering the fact that during the absence of applicant, no witness had appeared and the applicant had surrendered on 09.04.2022 by moving an application under Section 44(2) of Cr.P.C., without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail o n depositing the amount of bail bond executed by applicant on earlier occasion as well as on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac Only) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

T he deposit of amount of bail bond executed by the applicant on the earlier occasion shall be a condition precedent for release of the applicant.

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 & 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 rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.07 18:47:39 +05'30'