Surat Singh Paal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7878 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 15th OF JUNE, 2022

                MISC. CRIMINAL CASE No. 25032 of 2022

        Between:-
        SURAT SINGH PAL S/O SHRI JANKI PAL, R/O
        PACHRA, POLICE STATION KHANIYADHANA,
        DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                      .....APPLICANT
        (BY SHRI NARENDRA YOGI - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION DINARA, DISTRICT SHIVPURI
        (MADHYA PRADESH)

                                                                   .....RESPONDENT
        (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)

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

Case diary is available.

This fourth application under Section 439 of Cr.P.C. has been filed for grant of

bail. The third application was dismissed as withdrawn by order dated 5.4.2022 passed in M.Cr.C.No.15769/2022.

The applicant has been arrested on 29.11.2021 in connection with Crime No.294/2021 (Actual Crime No.249/2021) registered at Police Station Dinara, District Shivpuri for offence under Section 379 of IPC and under Section 20(2) of Khanij Parivahan, Bhandaran Evam Vyapar Adhiniyam.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant is the driver of Dumper which was illegally carrying illegally

excavated sand. The applicant is in jail for more than six 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. After going through the police case diary, it is fairly conceded that the applicant has no criminal history.

Considering the period of detention 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 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 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.15 17:28:38 +05'30'