Jitendrasingh @ Dheeru Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7321 MP

                                           1

            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 13th OF MAY, 2022

      MISCELLANEOUS CRIMINAL CASE NO.22224 OF 2022

       Between:-

       JITENDRASINGH          ALIAS
       DHEERUSINGH      S/O    SHRI
       GYANSINGH, AGED 25 YEARS, R/O
       GARAM       KARAMCHANDPUR,
       POLICE STATION JETHWARA,
       DISTRICT PRATAPGARH, UTTAR
       PRADESH
                                                                ........APPLICANT

       (BY SHRI RAVI DWIVEDI - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH POLICE STATION CITY
       KOTWALI, DISTRICT BHIND

                                                             ........RESPONDENT

       (BY SHRI A.K. NIRANKARI - ADVOCATE)

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

Case diary is available.

This second application under Section 439 of CrPC has been filed for grant of bail. First application of the applicant was dismissed as withdrawn by order dated 12.4.2022 passed in M.Cr.C. No.17133/2022.

The applicant has been arrested on 20.1.2022 in connection with Crime No.565/2018 registered at Police Station City Kotwali District Bhind for offence under Sections 420, 467, 468, 471 of IPC and Sections 66-C and 66-D of I.T. Act.

In compliance of order dated 6.5.2022, the applicant has filed copy of order dated 29.10.2020 passed by Sessions Judge, Kanpur Nagar, Kanpur (U.P.) as well as the arrest memo showing that the applicant was taken into custody by Police Station Heeranagar, District Indore on 17.9.2021 in Crime No.0/2021.

It is submitted by the counsel for the applicant that the police after completing the investigation has filed the supplementary charge-sheet against the applicant. Test Identification Parade of the applicant has not been conducted. The allegations are that by making clone of ATM card, huge amount was fraudulently withdrawn from the bank account of different persons. However, the applicant has been impleaded as an accused merely on the basis of confessional statement made by the co- accused persons. The applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court by order dated 21.4.2022 passed in M.Cr.C.No.19846/2022 has granted bail to co- accused Deepak @ Fatehbahadur.

Per contra, the application is vehemently opposed by the counsel

for the State. It is submitted that not only, the applicant is the resident of Pratapgarh, U.P. but various cases of identical of nature have been registered against him in Indore and U.P. as well as in the Police Station City Kotwali Bhind.

In reply, it is submitted by the counsel for the applicant that the applicant is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety.

Considering the facts and circumstances of the case, coupled with the concessional statement of furnishing cash surety, but 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.3,00,000/- (Rupees Three Lacs) or in the alternative on depositing his original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 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. If the title deeds are deposited, then the same shall not be returned unless the cash surety amount is deposited.

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 2022.05.13 16:35:08 +05'30'