Madhya Pradesh High Court
Monu Sharma vs The State Of Madhya Pradesh on 27 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 27 th OF DECEMBER, 2023
(THROUGH VIDEO CONFERENCING)
MISCELLANEOUS CRIMINAL CASE No. 56767 of 2023
BETWEEN:-
MONU SHARMA, S/O SHRI KRAPARAM SHARMA, AGE
24 YEARS, OCCUPATION: PRIVATE JOB, R/O
SUDAMAPURI MORAR GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAHUL KULSHRESTHA - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION MORAR DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI ALOK KUMAR SHARMA - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
Case diary is available.
2. This first application under Section 439 of Cr.P.C. has been filed for
grant of bail.
3. The applicant has been arrested on 10.12.2023 in connection with
Crime No.968/2023 registered at Police Station Morar, District Gwalior for
offence under Section 14 of Rajya Suraksha Adhiniyam.
4. It is submitted by the counsel for the applicant that he was not aware
of the order of externment. Now, he undertakes to immediately remove himself
from the limits of the districts from which he has been externed. The Trial is
likely to take sufficiently long time and there is no possibility of his absconding
or tampering with the prosecution case.
5. Per contra, the application is vehemently opposed by the counsel for
the State. It is submitted that applicant has a criminal history and twelve more
criminal cases have been registered against him.
6. Considering the nature of allegations and period of detention as well as
undertaking given by counsel for applicant that applicant would immediately
remove himself from the limits of the districts as mentioned in the externment
order, 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.
7. Before release of the applicant, he shall submit an affidavit that he
would immediately remove himself from the limits of the districts as directed in
the externment order and he would also disclose the address where he would
live after leaving the districts.
8. This order shall remain effective till the end of trial but in case of bail
jump, it shall become ineffective.
9. In the light of the judgment passed by the Supreme Court in the case
o f 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.
10. Certified copy as per rules.
(G.S. AHLUWALIA)
V. JUDGE
Aman
