Citation : 2022 Latest Caselaw 6662 MP
Judgement Date : 4 May, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.20722/2022
(RAVI VS. STATE OF M.P.)
Gwalior, Dated : 04/05/2022
Shri Sarang Gupta, learned counsel for the applicant.
Shri P.P.S.Vajeeeta, 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 28/06/2021 in connection
with Crime No.139/2021 registered at Police Station Joura, District
Morena for offence under Sections 307 and 34 of IPC and Sections
11 and 13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, the applicant had fired at the police party.
However, none of the police personnel had sustained injury. The
alleged incident had taken place on 28/03/2021. It is further
submitted that on 24/04/2021 one more offence under Sections 25
and 27 of the Arms Act was registered against the applicant at Crime
No.34/2021 registered at Police Station Goverdhan, District Shivpuri
and one country made pistol loaded with one live cartridge as well as
two more cartridges were seized from the possession of the applicant.
However, the applicant has been arrested in the present case on
28/06/2021 and he is in jail for the last more than 10 months. The
2
THE HIGH COURT OF MADHYA PRADESH
MCRC No.20722/2022
(RAVI VS. STATE OF M.P.)
applicant is ready and willing to abide by any stringent condition,
which may be imposed by this Court. 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 opposed by the counsel for the
respondent/State. It is submitted that the applicant has a criminal
history and at Crime No.34/2021 registered at Police Station
Goverdhan, District Shivpuri. He has already been convicted and
sentenced to undergo RI of one year and fine.
Considering the totality of the facts and circumstances of the
case, coupled with 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) 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 Joura, 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.
THE HIGH COURT OF MADHYA PRADESH MCRC No.20722/2022 (RAVI VS. STATE OF M.P.)
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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2022.05.04
16:34:07 -07'00'
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