Prahalad Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4005 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 12534/2022
         (PRAHALAD GURJAR Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 23/03/2022

       Shri Pallav Tripathi, Counsel for applicant.

       Shri C.P. Singh, Counsel for State.

       Case diary is available.

       This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

       The applicant has been arrested on 21.12.2021 in connection

with Crime No.65/2020 registered by Police Station - Chirula,

District Datia, for offence punishable under Sections 394, 395, 397 of

IPC and Section 11/13 of MPDVPK Act and Section 25/27 of Arms

Act.

       It is submitted by Counsel for applicant that according to the

prosecution case, on 12.05.2020, three unknown persons went to the

chamber of complainant and after assaulting him at the gunpoint

looted an amount of Rs.70,000/- and a bag containing passbook and

other documents. It is submitted that it is true that the applicant has

been arrested after 1½ years of the incident but he has not been put for

test identification parade. Nothing incriminating has been seized from

the possession of applicant. He has been implicated only on the basis

of confessional statement made by the co-accused which is not

admissible in law. The trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with

prosecution case.
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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 12534/2022
         (PRAHALAD GURJAR Vs STATE OF MADHYA PRADESH)

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

respondent/State. It is fairly conceded that the test identification

parade has not been conducted so far but it is submitted that as per the

case diary, the Investigating Officer is intending to hold the test

identification parade. However, Counsel for State could not point out

as to why no steps for holding the test identification parade were

taken as the applicant is in jail for the last three months. It is further

submitted that applicant has a criminal history and two more criminal

cases i.e. one under sections 379, 407, 504 of IPC was registered in

the year 2014 and another offence was registered in the year 2015

under Sections 352, 386, 309, 504 of IPC.

Heard the learned counsel for the parties.

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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

THE HIGH COURT OF MADHYA PRADESH MCRC No. 12534/2022 (PRAHALAD GURJAR Vs STATE OF MADHYA PRADESH)

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.23 18:00:54 +05'30'