Ajay @ Rinku Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 7325 MP

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            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.23397 of 2022

       Between:-

       AJAY ALIAS RINKU SHARMA S/O
       SHRI RAMBABU SHARMA, AGE : 25
       YEARS,     OCCUPATION       :
       AGRICULTURE, R/O VILLAGE
       VASTARI,   THANA    VILAUA,
       DISTRICT GWALIOR (MADHYA
       PRADESH)
                                                                ........APPLICANT

       (BY SHRI PAWAN PATHAK - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH    POLICE  STATION
       GOLA KA MANDIR DISTRICT
       GWALIOR (MADHYA PRADESH)

                                                             ........RESPONDENT

        (BY SHRI SUSHANT TIWARI - ADVOCATE)
----------------------------------------------------------------------------------------

       This application coming on for hearing this day, the Court passed

the following:
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                                  ORDER

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 18.11.2021 in connection with Crime No.617/2021 registered at Police Station Gola Ka Mandir District Gwalior for offence under Sections 406, 34, later added 419, 420 of IPC.

It is submitted by the counsel for the applicant that first bail application of the applicant was dismissed by order dated 14.02.2022 passed in M.Cr.C. No.7476/2022. The applicant is in jail from 18.11.2021 and thus he has completed approximately six months. The allegations are that the applicant by projecting himself to be working in the police department on the post of ASI, allured the daughter of the complainant of getting her employed and, accordingly, various gold and silver ornaments were taken from her. It is true that some of the ornaments were recovered from the possession of the applicant and the applicant has also been convicted in another offence of similar in nature, but in view of the period of detention, the application for grant of bail may be considered sympathetically.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that one more offence of similar in nature was registered against him, in which he has been convicted.

Considering the period of detention as well as nature of allegations, this Court is of the considered opinion that the applicant can be granted bail only on the stringent condition. Accordingly, 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.1,00,000/- (Rupees One Lac) 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 Abhi ABHISHEK CHATURVEDI 2022.05.13 17:55:06 +05'30'