Badam Singh Sakhawar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8556 MP

                                           1

            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR

                                      BEFORE

     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                         ON THE 28th OF JUNE, 2022

      MISCELLANEOUS CRIMINAL CASE NO. 19883 of 2022

       Between:-

       BADAM SINGH SAKHAWAR S/O
       SHRI RAM NATH SAKHAWAR, AGE
       36 YEARS, OCCUPATION LABOUR,
       R/O GRAM GINDALI, THANA
       PORSA,    DISTRICT   MORENA
       (MADHYA PRADESH)

                                                                ........APPLICANT

       (BY SHRI VIJAY SUNDARAM - ADVOCATE)

       AND

       STATE OF MADHYA                      PRADESH
       THROUGH     POLICE                    STATION
       PORSA    DISTRICT                    MORENA
       (MADHYA PRADESH)

                                                             ........RESPONDENT

        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR)
----------------------------------------------------------------------------------------
       This application coming on for hearing this day, the Court passed
the following:
                                      2

                                 ORDER

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. First application was dismissed by order dated 11.02.2022 passed in M.Cr.C. No.5729/2022.

The applicant has been arrested on 28.09.2021 in connection with Crime No.366/2021 registered at Police Station Porsa, District Morena for offence under Sections 307, 34 of IPC read with Section 25, 27 of Arms Act.

It is submitted by the counsel for the applicant that applicant is in jail for the last 9 months. According to the prosecution case, gunshot was fired causing injury on the leg of injured Krishna. 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. It is submitted that the applicant has a criminal history and apart from the present case, two more cases were registered against him in the year 2015 and 2018.

Considering the facts and circumstance of the case as well as period of detention, but 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) 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Porsa District Morena on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.06.29 17:05:29 +05'30'