Ramprashad vs The State Of Madhya Pradesh
2022 Latest Caselaw 9149 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 8th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 32841 of 2022

        Between:-
        RAMPRASHAD S/O SHRI SHIVLAL JATAV, AGED
        ABOUT 60 YEARS, OCCUPATION: DRIVER
        SHASHKIYA CHIKITSALAYA DABRA, R/O
        HOSPITAL KE PAAS DABRA, DISTRICT
        GWALIOR (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI PRADEEP KATARE - ADVOCATE )

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION DABRA, DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                               .....RESPONDENT
        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR )

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

Case diary is available.

This fifth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Fourth bail application of the applicant was dismissed by order dated 19/04/2022 passed in MCRC No.19005/2022.

The applicant has been arrested on 05/04/2021 in connection with Crime No.101/2018 registered at Police Station Dabra, District Gwalior for offence under Sections 420, 465, 466, 468 and 120-B of IPC.

It is submitted by the counsel for the applicant that although, the previous

applications of the applicant have already been dismissed on merits on various occasions, but the Supreme Court by order dated 29/06/2022 passed in SLP (Cri.) No.5626/2022 has granted bail to co-accused Dr. Virendra Singh Gaud against whom allegations were that he had issued a forged medical certificate. The allegations against the applicant are that he had prepared certain forged documents. The case of the present applicant is on a better footing that of co- accused Dr. Virendra Singh Gaud. 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

respondent/State.

Considering the fact that co-accused Dr. Virendra Singh Gaud has been granted bail by the Supreme Court and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety 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 18/03/2021 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.08 17:56:15 -07'00'