Poonam @ Samina Begam vs The State Of Madhya Pradesh
2022 Latest Caselaw 15038 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 16th OF NOVEMBER, 2022

        MISCELLAENOUS CRIMINAL CASE No. 53584 of 2022

         BETWEEN:-
         POONAM @ SAMINA BEGAM W/O SHRI RINKU
         KHAN, AGED 44 YEARS, OCCUPATION -
         GRAHKARYA, R/O GRAM JOURA, DISTRICT
         DATIA (MADHYA PRADESH)

                                                              .....APPLICANT
         (BY SHRI S.S.DHAKAD-ADVOCATE)

         AND
         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION ASWAR, DISTRICT BHIND
         (MADHYA PRADESH)

                                                            .....RESPONDENT
         (BY MS. KALPANA PARMAR-PANEL LAWYER)

       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 25.11.2021 in connection with Crime No.112/2021 registered at Police Station Aswar, District Bhind for offence under Sections 420, 471, 467, 468, 120-B of IPC.

I t is submitted by the counsel for the applicant that according to the prosecution case, the applicant, who was already married, played fraud with complainant and after taking money and after charging Rs.45000/-, solemnized

marriage with complainant. Thereafter, the husband of the applicant came forward and claimed that the correct name of applicant is 'x' and she is already married. It is submitted that co-accused Jhadu @ Vijay Singh has already been granted bail by order dated 30.03.2022 passed in M.Cr.C. No.16015/2022 on the condition of depositing an amount of Rs.50,000/- without prejudice to his defence. The applicant is also ready to deposit an amount of Rs.50,000/-. The trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is submitted that the case diary does not indicate the criminal

antecedents of the applicant.

Considering the facts and circumstances of the case, 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.50,000/- (Rupees Fifty Thousand) 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 Aman AMAN TIWARI 2022.11.17 10:02:18 +05'30'