Rinku Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7160 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 11th OF MAY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 23775 of 2022

        Between:-
        RINKU SHARMA S/O SHRI RAMSHANKAR
        SHARMA, AGE 31 YEARS, R/O - GRAM
        CHANDPUR THANA DIMNI TEHSIL AMBAH,
        DISTRICT MORENA (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI P.S.BHADAURIYA WITH SHRI ASHISH SINGH
        BHADAURIYA - ADVOCATES )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION DIMNI, DISTRICT MORENA
        (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SHRI C.P.SINGH - ADVOCATE )

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

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 13/04/2022 passed in MCRC No.18649/2022.

The applicant has been arrested on 23/11/2021 in connection with Crime No.198/2014 registered at Police Station Dimni, District Morena for offence under Sections 307, 294, 506 and 34 of IPC.

It is a case of bail jump. Earlier, the applicant was granted bail, but he

absented himself on 20/04/2018 and accordingly, warrant of arrest was issued. Thereafter, an application was filed before the Trial Court mentioning that the applicant is detained in Shahdol jail and accordingly, he was produced before the Trial Court in execution of production warrant. It is submitted that although, the previous bail application of the applicant has already been dismissed on merits by order dated 03/02/2022 passed in MCRC No.5607/2022, but now, all the prosecution witnesses have been examined except the Investigating Officer. The applicant undertakes to appear before the Trial Court without any default and now 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 as many as 23 criminal cases have been registered against him. The said fact has already been considered by this Court while rejecting the previous bail application on 03/02/2022 in MCRC No.5607/2022.

Heard the learned counsel for the parties.

Although, it is submitted by the counsel for the applicant that all the prosecution witnesses have been examined except the Investigating Officer, but the order-sheets of the Trial Court have not been placed on record.

At present, there is nothing to disbelieve statement made by the counsel for the applicant, accordingly, the application is allowed, subject to verification by the Trial Court as to whether all the prosecution witnesses have been examined or not. In case, if all the prosecution witnesses have been examined except the Investigating Officer, then he shall 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Dimni, District Morena on 1st of every month till the conclusion of trial.

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: 2022.05.11 15:46:45 -07'00'