Rasmsujan @ Ramsingh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3185 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.2322/2022 (RAMSUJAN @ RAMSINGH GURJAR VS. STATE OF M.P.)

Gwalior, Dated : 07/03/2022

Shri P.S.Bhadauriya, learned counsel for the applicant.

Shri P.P.S. Bajitha, learned counsel for the State.

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 03/04/2021 in connection

with Crime No.458/2016 registered at Police Station Kotwali,

District Shivpuri for offence under Sections 395, 397, 342 of IPC,

Sections 25 and 27 of the Arms Act and Sections 11, 13 of the

MPDVPK Act.

It is submitted by the counsel for the applicant that according

to prosecution case, on 26/05/2016, the complainant and his wife

were robbed and gold/silver ornaments, cash amount and mobile

were looted. It was also alleged that the complainant and his wife can

identify the miscreants. Although, the applicant was arrested after six

years, but even the applicant was not put for Test Identification

Parade. He is in jail from 03/04/2021 i.e. more than 11 months, but

nothing could be recovered from him. Thus, at present he is in jail on

the basis of confessional statement made by the co-accused. The said

statement is not admissible in the light of Sections 25 and 26 of the

Arms Act and even otherwise co-accused persons have already been

THE HIGH COURT OF MADHYA PRADESH MCRC No.2322/2022 (RAMSUJAN @ RAMSINGH GURJAR VS. STATE OF M.P.)

acquitted in a separate trial. In view of the fact that the applicant is

the resident of Dholpur (Rajasthan), he is ready and willing to abide

by any stringent condition, which may be imposed by this Court

including that of furnishing two local sureties.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that it is true that no TIP has

been conducted and nothing could be recovered from him. However,

it is submitted that the applicant has a criminal history and three

criminal cases have been registered against him under Sections 395,

397, 364-A and 307 of IPC.

Considering the fact that even after 11 months of his detention,

the prosecution has not conducted the TIP, coupled with the fact that

nothing incriminating material could be recovered from the applicant

and 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.2,00,000/- (Rupees Two

Lacs) with two local sureties 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.

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 HIGH COURT OF MADHYA PRADESH MCRC No.2322/2022 (RAMSUJAN @ RAMSINGH GURJAR VS. STATE OF M.P.)

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)
Pj'S/-                                                               Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.07
         17:14:01 -08'00'