Dinesh Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8259 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

        MISCELLANEOUS CRIMINAL CASE No. 30031 of 2022

         Between:-
         DINESH JATAV S/O SHRI MANSHARAM JATAV,
         AGED 38 YEARS, OCCUPATION: LABOR, R/O
         WARD NO. 1 PURANA GHANSHYAMPURA
         GOHAD ASHOK NAGAR ATER ROAD DISTRICT
         BHIND (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI RAM KISHOR 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 applicant has 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.

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

prosecution case, the applicant had assembled along with other co-accused persons with an intention to make preparation for committing dacoity. The recovery of master key and one tyre lever has been falsely shown to be seized from the possession of the applicant.

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 has a criminal history of only one more case.

When the attention of the counsel for the State was drawn towards the impugned order, in which it has been mentioned that the applicant Dinesh Jatav has 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 only one case was 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 applicant. Under these circumstances, the bail application filed by the applicant is hereby 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.

Before releasing the applicant on bail, the Court below shall re-verify the

number of criminal cases which were registered against the applicant. If it is found that only one more criminal case has been registered against him, then he 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.

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 19:18:34 +05'30'