Kalu @ Deepak vs The State Of Madhya Pradesh
2022 Latest Caselaw 8426 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 24th OF JUNE, 2022

        MISCELLANEOUS CRIMINAL CASE No. 30360 of 2022

         Between:-
         KALU @ DEEPAK S/O SHRI RAMESH JATAV,
         AGED   20  YEARS, OCCUPATION: LABOUR,
         RESIDENT OF NEW COLONY KARERA, POLICE
         STATION-KARERA,    DISTRICT-  SHIVPURI
         (MADHYA PRADESH)

                                                               .....APPLICANT
         (BY SHRI GAURAV MISHRA- ADVOCATE)

         AND

         STATE OF MADHYA PRADESH              THROUGH
         POLICE    STATION- KARERA,           DISTRICT-
         SHIVPURI (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 first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 13/04/2022 in connection with Crime No.679/2021 registered at Police Station- Karera, District- Shivpuri (M.P.) for offence under Sections 336, 34 and 307 of IPC and Section 25/27 of Arms Act.

The applicant is in jail from 13/04/2022. According to the prosecution, the applicant along with other co-accused persons had fired gunshot. However,

none of the gunshot hit any victim. Although as per first part of Section 307 of IPC, the offence committed by the applicant may be an offence under Section 307 of IPC, but in view of the fact that he is in jail for more than two and a half months, his application for grant of bail may be considered sympathetically. It is further submitted that in view of the criminal antecedents of the applicant, he is ready and willing to abide by any condition which may be imposed by the Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court, by order dated 08/03/2022 passed in MCRC No.10433/2022, has already been granted bail to the co-accused- Deepak @ Raidu.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has criminal history and one more offence under Sections 323, 294, 506 and 34 of IPC was registered against him in the year 2021.

In view of the period of detention as well as criminal antecedents of the applicant, he may be granted bail only on the stringent condition of furnishing cash surety. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac) or in the alternative on depositing h i s 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.

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. If the title deeds are deposited, then the same shall not be returned unless the cash 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 on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. AHLUWALIA) JUDGE rahul

RAHUL SINGH PARIHAR VALSALA 2022.06.24 17:30:55 +05'30' VASUDEVAN 2018.10.26 15:14:29 -07'00'