Madhya Pradesh High Court
Balishtar vs The State Of Madhya Pradesh on 1 November, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 1st OF NOVEMBER, 2022
MISCELLANEOUS CRIMINAL CASE NO. 50504 OF 2022
BETWEEN:-
BALISHTAR S/O SHRI OCHHELAL
GURJAR, AGED 28 YEARS, OCCUPATION
AGRICULTURIST, R/O VILLAGE
DUDHAI, TEHSIL JORA, DISTRICT
MORENA
........APPLICANT
(BY SHRI RAJMANI BANSAL - ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION
GOVERDHAN DISTRICT SHIVPURI
(MADHYA PRADESH)
........RESPONDENT
(BY SHRI C.P. SINGH - PANEL LAWYER)
----------------------------------------------------------------------------------------
This application on for hearing this day, the Court passed the
following:
ORDER
Case diary is available.
This sixth application under Section 439 Cr.P.C. has been filed for
grant of bail. Fifth application of the applicant was dismissed as
withdrawn by order dated 16.09.2022 passed in M.Cr.C. No.44663/2022.
The applicant has been arrested on 09.11.2021 in connection with
Crime No.76/2016 registered at Police Station Goverdhan District
Shivpuri for offence under Section 364-A of IPC and Section 11/13 of
MPDVPK Act.
It is submitted by the counsel for the applicant that it is a case of
bail jump. Previous application was dismissed by order dated 16.09.2022
with liberty to revive the prayer after undergoing some reasonable period
of detention. It is submitted that the applicant is alleged to have remained
absent from the Trial Court from 18.03.2021 and he has been arrested on
09.11.2021. The Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution case. It
is further submitted that the applicant has now learned a lesson and he is
ready and willing to abide by any stringent condition which may be
imposed by the Court and the applicant is also ready and willing to
deposit the amount of bail bond executed by him on the earlier occasion.
Per contra, the application is vehemently opposed by the counsel
for the State. It is submitted that the liberty granted to the applicant was
misused by him.
Considered the submissions made by the counsel for the parties.
The applicant remained absent before the Trial Court from
18.03.2021 and has been arrested on 09.11.2021. Thus, it is clear that he
has remained in jail for a period of approximately one year after his
arrest.
In view of the concessional statement made by the counsel for the
applicant, this Court is of the considered opinion that the applicant can be
granted bail on stringent conditions. Accordingly, it is directed that the
applicant shall be released on bail on depositing the amount of personal
bond executed by the applicant on earlier occasion and 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.
The application is allowed.
(G.S. AHLUWALIA)
JUDGE
Abhi
Digitally signed by
ABHISHEK CHATURVEDI
Date: 2022.11.02
17:11:18 +05'30'
