Ram Shankar Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 22546 MP

Citation : 2023 Latest Caselaw 22546 MP
Judgement Date : 27 December, 2023

Madhya Pradesh High Court

Ram Shankar Kushwah 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)
                 MISC. CRIMINAL CASE No. 56388 of 2023

BETWEEN:-
RAM SHANKAR KUSHWAH S/O SHRI HEERALAL
KUSHWAH, AGED ABOUT 55 YEARS, OCCUPATION :
LABOUR, R/O VILLAGE KHURD POLICE STATION
DIMNI DISTRICT MORENA (MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI ADITYA SHARMA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION AMBAH DISTRICT MORENA (MADHYA
PRADESH)

                                                            .....RESPONDENTS
(BY SHRI INDAR SINGH ASTHANA - 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. Applicant has been arrested on 26.10.2023 in connection with Crime No.116/2012 registered by Police Station Ambah, District Morena for offence punishable under Sections 399, 400, 402 of IPC, Section 25/27 of Arms Act and Section 11/13 of MPDVPK Act.

4. It is submitted by the counsel for the applicant that it is a case of bail jump. In fact, the applicant had gone to Ahmadabad in search of livelihood. He did not appear before the Trial Court in the year 2012 and now he is in jail from 26.10.2023 and he is ready and willing to deposit an amount of bail bond executed by him on earlier occasion. He undertakes to appear before the Trial Court regularly without any default.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant was absconding for 11 long years.

6. Considering the totality of the facts and circumstances of the case as well as nature of allegations made against the applicant, this Court is of the

considered opinion that the application can be allowed. Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that on depositing an amount of bail bond executed by the applicant on earlier occasion and on furnishing a fresh bail bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with a surety in the like amount to the satisfaction of the concerned trial Court, the applicant shall be released on bail.

7. The applicant shall also appear before S.H.O., Police Station Ambah, District Morena on 1st of every month. Failure on the part of the applicant to comply this condition would amount to flouting of this order, which may result in recall/cancellation of this bail order.

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 Abhi