Madhya Pradesh High Court
Baijnath Kushwah vs The State Of Madhya Pradesh on 10 March, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11922/2022
Baijnath Kushwah vs. State of M.P.
Gwalior, Dated : 10/03/2022
Shri M.S. Rawat, Counsel for the applicant.
Shri C.P. Singh, Counsel for the respondent/State.
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 as
withdrawn by order dated 3.2.2022 passed in M.Cr.C.No.4494/2022.
The applicant has been arrested on 18.2.2021 in connection with
Crime (POR) No.669/2003 registered at Police Station Sadanwada,
District Shivpuri for offence under Sections 9, 39, 44, 49 and 51 of the
Forest Conservation Act.
It is submitted by the counsel for the applicant that earlier the
applicant was granted bail as it was projected that he has already
undergone the detention of 9 months but a condition was imposed by
this Court in its order dated 17.11.2021 passed in
M.Cr.C.No.52930/2021 that in case if the applicant was released on
temporary parole, then the said bail order shall automatically lose its
effect. It is submitted that since the applicant was released on
temporary parole for a period of three months and, therefore, he was
not released. His 6th application was rejected by order dated 3.2.2022
passed in M.Cr.C.No.4494/2022 on the ground that he had not
undergone the period of detention of nine months which was
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11922/2022
Baijnath Kushwah vs. State of M.P.
undergone by the other co-accused persons. It is submitted that the
applicant was arrested on 18.2.2021 and after reducing the period of
three months for which he was released on temporary parole, he has
actually undergone the period of detention of nine months.
According to the prosecution case, 1 and ½ Kgs. flesh of
Sambhar was seized from the possession of the applicant. 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 respondent/State. However, it is fairly conceded that
the applicant has no criminal history.
Considering the period of detention 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.1,00,000/- (Rupees One Lac Only) 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.
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
case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11922/2022
Baijnath Kushwah vs. State of M.P.
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
(alok)
ALOK KUMAR
2022.03.10 16:57:32 +05'30'
