Madhya Pradesh High Court
Jeetu @ Jitendra Singh vs The State Of Madhya Pradesh on 18 October, 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 18th OF OCTOBER, 2022
MISCELLANEOUS CRIMINAL CASE NO. 49490 OF 2022
BETWEEN:-
JEETU @ JITENDRA SINGH S/O SHRI
RAJ MAHENDRA SINGH GURJAR, AGE
35 YEARS, OCCUPATION AGRICULTURE,
R/O VILLAGE GANGULI, POLICE
THANT SURVAYA, DISTRICT SHIVPURI
(MADHYA PRADESH)
........APPLICANT
(BY SHRI M.M. TRIPATHI - ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION AMOLA,
DISTRICT SHIVPURI
........RESPONDENT
(SMT. KALPANA PARMAR - PANEL LAWYER FOR STATE)
----------------------------------------------------------------------------------------
This application on for hearing this day, the Court passed the
following:
ORDER
Case diary is available.
This third application under Section 439 Cr.P.C. has been filed for
grant of bail. Second application of the applicant was dismissed by order
dated 23.08.2022 passed in M.Cr.C. No.39341/2022.
The applicant has been arrested on 03.06.2022 in connection with
Crime No.160/2021 registered at Police Station Amola District Shivpuri
for offence under Sections 392, 120B of IPC and Section 11/13 of
MPDVPK Act.
This application has been filed mainly on the ground that the co-
accused Narendra Lodhi has been granted bail by this Court by order
dated 21.04.2022 passed in M.Cr.C. No.18620/2022 and earlier bail
applications of the applicant were rejected mainly on the ground that the
applicant has not undergone the pre-trial detention which was undergone
by the co-accused Narendra Lodhi. It is submitted that Narendra Lodhi
was granted bail after approximately four months of his incarceration and
the applicant has also undergone more than four months of his
incarceration. The prosecution case is that two masked persons had looted
the complainant by taking away his bag containing Rs.70,000/-, lunch
box, mobile, key of bank as well as key of motorcycle.
It is submitted that the applicant was not put for Test Identification
Parade, but fairly conceded that he was absconding and he could be
arrested only after 10 months of the date of offence. However, it is
submitted that no incriminating articles have been seized from the
possession of the applicant and recovery of one .315 bore country made
pistol along with one live cartridge and motorcycle which was allegedly
used in the commission of offence would not be sufficient to establish the
guilt of the applicant. However, it is further submitted that the bail
application of the applicant may be considered sympathetically in the
light of the period of detention.
Per contra, the application is vehemently opposed by the counsel
for the State. However, it is submitted that the applicant has no criminal
history.
Considering the period of detention and without commenting on
the merits of the case, the application is allowed. It is directed that the
applicant 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.
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
Abhi
Digitally signed by
ABHISHEK CHATURVEDI
Date: 2022.10.18 18:23:14
+05'30'
