Deepak @ Raidu vs The State Of Madhya Pradesh
2022 Latest Caselaw 3265 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-10433-2022 Deepak @ Raidu Vs. State of MP

Gwalior, Dated : 08.03.2022

Shri Tapendra Sharma, Counsel for the applicant.

Shri C.P. Singh, 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 21.11.2021 in connection

with Crime No.679/2021 registered at Police Station Karera Distt.

Shivpuri for offence under Section(s) 336, 34, 307 (enhanced) of IPC

and Section 25/27 of Arms Act.

The applicant is in jail from 21.11.2021. 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 three 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.

THE HIGH COURT OF MADHYA PRADESH MCRC-10433-2022 Deepak @ Raidu Vs. State of MP

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that not only, country made

pistol was seized from the possession of the applicant, but the

applicant has a criminal history and one more offence under Section

25/27 of the Arms Act was registered against him in the year 2020.

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.100,000/- (Rupees One Lac) or in the alternative on

depositing his 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

THE HIGH COURT OF MADHYA PRADESH MCRC-10433-2022 Deepak @ Raidu Vs. State of MP

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 Abhi ABHISHEK CHATURVEDI 2022.03.08 14:45:19 +05'30'