Mahendra Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8728 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 30th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 31906 of 2022

        Between:-
        MAHENDRA JATAV S/O SHRI KHYALIRAM
        JATAV,  AGED   25  YEARS, OCCUPATION:
        MAZDOORI, R/O JANAKPUR KA MOJA, GRAM
        DHANELA, POLICE STATION NOORABAD,
        DISTRICT MORENA (MADHYA PRADESH)

                                                                     .....APPLICANT
        (BY SHRI PRASUN MAHESHWARI - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION ANTRI, DISTRICT GWALIOR
        (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 seventh application under Section 439 of Cr.P.C. has been filed for grant of bail. The sixth application was dismissed by order dated 5.4.2022 passed in M.Cr.C. No.14602/2022.

The applicant has been arrested on 15.9.2021 in connection with Crime No.22/2016 registered at Police Station Antri, District Gwalior for offence under Sections 399, 400, 402, 379 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 it is a case of bail jump.

Earlier the applicant was released on bail by the Trial Court by order dated 26.3.2016 but thereafter he did not appear on 22.8.2016. Accordingly, his arrest warrant was issued and he was produced on 24.11.2017. Thereafter, again he absented himself on 3.9.2019 and has been arrested in execution of production warrant on 23.9.2021. It is submitted that it is true that during pendency of the trial, the applicant is alleged to have committed some more offences but at present he is in jail from 15.9.2021. The applicant is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. 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, eight more criminal cases have been registered against him.

Considering the criminal antecedents of the applicant coupled with the fact that he misused his liberty whenever he was granted bail as well as considering the fact that he is in jail from 15.9.2021 i.e. approximately nine months, this Court is of the considered opinion that his application can be allowed sympathetically only on stringent condition. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on depositing bail bond executed by him on earlier occasion as well as on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac 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 2022.06.30 16:58:53 +05'30'