Bakeela @ Ram Vakeel vs The State Of Madhya Pradesh
2022 Latest Caselaw 3016 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 10507/2022 (BAKEELA @ RAM VAKEEL Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 03/03/2022

Shri S.K. Tiwari, Counsel for applicant.

Shri Rajeev Upadhyay, Counsel for State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed by order

dated 10.11.2021 passed in M.Cr.C. No.54852/2021.

The applicant has been arrested on 16.02.2021 in connection

with Crime No.63/2012 registered at Police Station Dimni Morena,

District Morena for offence under Sections 392, 398 of IPC and

Section 11/13 of MPDVPK Act.

It is a case of bail jump. The previous bail application of

applicant was rejected on merits by order dated 10.11.2021 passed in

M.Cr.C. no.54852/2021.

It is submitted by Counsel for applicant that on 28.12.2015, the

applicant did not appear, and accordingly, he was produced in

execution of arrest warrant on 16.02.2021. He is in jail for the last

more than one year. He has learnt a lesson. He is ready and willing to

abide by any stringent condition which may be imposed by the Court.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that not only the applicant jumped the bail

but during the period of his abscondance, he also committed another

offence. Accordingly, he was produced in execution of production

THE HIGH COURT OF MADHYA PRADESH MCRC No. 10507/2022 (BAKEELA @ RAM VAKEEL Vs STATE OF MADHYA PRADESH)

warrant.

Considering the fact that applicant is in jail for the last more

than one year after his re-arrest, and without commenting on the

merits of the case, the application is allowed. It is directed that the

applicant shall be released on bail, subject to depositing the amount of

bail bond executed by the applicant on the previous occasion and on

depositing the cost of Rs.20,000/- in the Registry of this Court as well

as on furnishing cash surety of Rs.2,00,000 (Rs. Two Lacs 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 & Ors. vs. State of M.P. passed on 18/3/2021

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 Aman AMAN TIWARI 2022.03.03 16:55:29 +05'30'