Jitendra Mahapatra vs The State Of Madhya Pradesh
2022 Latest Caselaw 7076 MP

                                           1

            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 10th OF MAY, 2022

      MISCELLANEOUS CRIMINAL CASE NO.23413 OF 2022

       Between:-

       JITENDRA MAHAPATRA S/O SHRI
       KRISHNACHANDRA MAHAPATRA,
       AGED 40 YEARS, RESIDENT OF
       GRAM    PATRAPALI,   POLICE
       STATION MANMUNDA, DISTRICT
       BOUDH, ORISSA
                                                                ........APPLICANT

       (BY SHRI ATUL GUPTA - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH   POLICE    STATION
       KOTWALI GUNA, DISTRICT GUNA
       MADHYA PRADESH

                                                             ........RESPONDENT

        (BY SMT. KALPANA PARMAR - ADVOCATE)
----------------------------------------------------------------------------------------
       This application coming on for hearing this day, the Court passed
the following:
                                       ORDER

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 30.10.2021 in connection with Crime No.798/2021 registered at Police Station Kotwali Guna, District Guna for offence under Sections 8/20, 29 of NDPS Act.

It is submitted by the counsel for the applicant that according to the prosecution case, three persons were traveling in a truck and were carrying 21 Kgs. of Ganja. It is true that the applicant is resident of Orissa. However, the applicant is in jail for the last more than six months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. In order to ensure his regular appearance before the Trial Court, the applicant is ready to furnish cash surety also.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that as per the police case diary, the applicant has no criminal antecedents.

In view of concessional statement made by the counsel for the applicant and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.4,00,000/- (Rupees Four Lacs Only) 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall

automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.05.10 14:27:39 +05'30'