Nathuram Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6964 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 9th OF MAY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 21830 of 2022

        Between:-
        NATHURAM JATAV S/O SHRILAL JATAV, AGED
        ABOUT 41 YEARS, R/O BADERA PARGNA
        GOHAD, DISTRICT BHIND (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI SUMIT SHRIVASTAVA - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION GOHAD, DISTRICT BHIND
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI C.P.SINGH - PANEL LAWYER )

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

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

filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 25/03/2022 passed in MCRC No.14802/2022.

The applicant has been arrested on 09/03/2022 in connection with Crime No.291/2021 registered at Police Station Gohad, District Bhind for offence under Sections 324, 323, 294, 326/34 and 506 of IPC.

It is submitted by the counsel for the applicant that the offence was registered under Section 324, 323, 294, 506 r/w 34 of IPC and since all the

offences are bailable, therefore, he was released by the police. After the charge- sheet was filed on 09/03/2022 the Court took cognizance under Section 326 of IPC also and from the said date, the applicant is in jail. It is true that the complainant had suffered three fractures. However, he is in jail from 09/03/2022. It is submitted that the previous application was withdrawn mainly because of the fact that the applicant had remained in jail for 16 days only. 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 State. It is submitted that the applicant has a criminal history and two more

offences have been registered against him. It is fairly conceded that initially the charge-sheet was filed for bailable offences.

Considering the totality of the facts and circumstances 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.

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 regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.09 17:12:08 -07'00'