Rinku Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3664 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 9989/2022
        (RINKU SHARMA Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 15/03/2022

      Shri Prem Singh Bhadoriya, Counsel for applicant.

      Shri Rohit Mishra, Additional Advocate General for State.

      Case diary is available.

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

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

dated 07.12.2021 passed in M.Cr.C. No.53354/2021.

      The applicant has been arrested on 04.09.2019 in connection

with Crime No.88/2018 registered at Police Station Dimni Distt.

Morena for the offence under Sections 399, 400, 402 of IPC, Section

11/13 of MPDVPK Act and Sections 25, 27 of Arms Act.

      In compliance of order dated 14.03.2022, the State has obtained

the information from District Jail Sehdol and submitted that the

applicant is in jail in connection with present case from 04.09.2019.

Earlier upto 20.11.2019, he was lodged in sub-jail Ambah and from

20.11.2019

onwards till today, he is lodged in District Jail Sehdol.

It is submitted by Counsel for applicant that according to the

prosecution case, the applicant had assembled with other co-accused

persons for committing dacoity. According to the prosecution case, he

ran away from the spot and accordingly charge-sheet under Section

299 of Cr.P.C was filed by showing him as absconding. He is in jail

from 04.09.2019 i.e. more than 2½ years. The trial is likely to take

sufficiently long time and in view of the criminal antecedents, he is

THE HIGH COURT OF MADHYA PRADESH MCRC No. 9989/2022 (RINKU SHARMA Vs THE STATE OF MADHYA PRADESH)

ready and willing to abide by any stringent condition which may be

imposed by the Court.

Per contra, the application is opposed by the Counsel for the

State. It is submitted that applicant has a criminal history and as many

as 13 more criminal cases have been registered against him but fairly

conceded that he is in jail for more than 2 ½ years in the present case.

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Dimni, District Morena on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by

this Court, this order shall lose its effect.

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 2022.03.15 17:34:10 +05'30'