Gabbar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8166 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 21st OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 29143 of 2022

        Between:-
        GABBAR SINGH S/O SHRI RADHAKISHAN
        GURJAR, AGED      40 YEARS, OCCUPATION
        AGRICULTURIST, R/O PURANI MANGRONI,
        POLICE STATION NARWAR DISTRICT SHIVPURI
        (MADHYA PRADESH)

                                                              .....APPLICANT
        (BY SHRI MEHMOOD KHAN - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        ITS POLICE STATION NARWAR, 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 second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 21.4.2022 passed in M.Cr.C.No.19535/2022.

The applicant has been arrested on 18.03.2022 in connection with Crime No.99/2022 registered at Police Station Narwar, District Shivpuri for offence under Sections 25, 27 of the Arms Act.

It is submitted by the counsel for the applicant that according to the

prosecution case, one country made pistol with two live cartridges were seized from the possession of the applicant. The applicant is in jail from 18.3.2022. The first application was dismissed on 21.4.2022. In view of criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by the Court.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and 17 more criminal cases including various offences like 307 of IPC and under POCSO Act have been registered.

Considering the period of detention as well as considering the criminal

antecedents, this Court is of the considered opinion that the applicant can be granted bail only on stringent conditon of furnishing cash surety. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.2,00,000/- (Rupees Two Lacs Only) 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.22 18:58:24 +05'30'