Shivanand @ Pate vs The State Of Madhya Pradesh
2022 Latest Caselaw 8258 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 22nd OF JUNE, 2022

                 MISC. CRIMINAL CASE No. 30028 of 2022

         Between:-
1.       SHIVANAND @ PATE S/O SHRI RAMSIYA, AGED
         35    YEARS, OCCUPATION:    LABOR,   R/O
         ASHOKNAGAR ATER ROAD DISTRICT BHIND
         (MADHYA PRADESH)

2.       JITENDRA @ BANTI S/O SHRI BIRENDRA
         SHARMA, AGED 35 YEARS, OCCUPATION:
         LABOR R/O ASHOK NAGAR, NEAR OF BALAJI
         NAGAR ATER ROAD BHIND (MADHYA
         PRADESH)

                                                              .....APPLICANTS
         (BY SHRI RAM KISHORE SHARMA - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION BAROHI DISTRICT BHIND
         (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 first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicants have been arrested on 24.4.2022 in connection with Crime No.48/2022 registered at Police Station Barohi, District Bhind for offence under Sections 399, 400, 402 of IPC, under Section 11/13 of MPDVPK Act and

under Section 25/27 of the Arms Act.

I t is submitted by the counsel for the applicants that according to the prosecution case, the applicants had assembled along with other co-accused persons with an intention to make preparation for committing dacoity. The recovery of Tata Indigo Car and one 315 bore live cartridge have been falsely shown to be seized from the possession of the applicant No.1 Shivanand @ Pate and recovery of one iron sabbal has been falsely shown to be seized from the possession of the applicant No.2 Jitendra @ Banti.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. However, it is submitted that as per the police case diary, the

applicant No.1 has a criminal history of 8 criminal cases including one offence under Section 302 of IPC and applicant No.2 has a criminal history of three criminal cases including one offence under Section 302 of IPC.

When the attention of the counsel for the State was drawn towards the impugned order, in which it has been mentioned that the applicants have a criminal history of 26 criminal cases, then it is submitted by the counsel for the State that it is not so reflected in the history of criminal cases sent along with the case diary. It is further submitted that from the criminal antecedents which have been sent along with the case diary it is clear that the details were collected from 26 Police Stations and eight criminal cases against applicant No.1 and three criminal cases against applicant No.2 were found to have been registered in Police Station Gohad Chauraha, District Bhind. It appears that the Trial Court committed a mistake by misreading the total number of police stations as criminal cases.

Considered the submissions made by the counsel for the parties. There appears to be a dispute with regard to number of criminal cases

which were registered against the applicants. Under these circumstances, the bail application filed by the applicants is hereby allowed. It is directed that the applicants shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac Only) each or in the alternative on depositing their original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

Before releasing the applicants on bail, the Court below shall re-verify the number of criminal cases which were registered against the applicants. If it is found that only eight more criminal cases against the applicant No.1 and three more criminal cases against applicant No.2 have been registered, then they shall be released on bail, otherwise this order shall automatically lose its effect without any reference to the 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 applicants shall automatically

stand forfeited without any reference to the Court. In case, the title deeds have been deposited, then the same shall not be returned unless and until the surety amount is deposited.

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 on18.03.2021 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 2022.06.23 19:18:53 +05'30'