Sandeep @ Manjeet Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 22548 MP

Madhya Pradesh High Court

Sandeep @ Manjeet Jatav 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. 55556 of 2023

                           BETWEEN:-
                           SANDEEP @ MANJEET JATAV S/O SHRI PHOOL SINGH,
                           AGED 24 YEARS, OCCUPATION: MAJDURI R/O NEW
                           SANJAY NAGAR GADAIPURA GWALIOR DISTRICT
                           GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI PRASOON MAHESHWARI- ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION JHANSI ROAD DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI I.S. ASTHANA - PANEL LAWYER)

                                  This application coming on for hearing 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 27.10.2023 in connection with Crime No.557/2023 registered by Police Station Jhansi Road, District Gwalior for offence punishable under Section 380 of IPC.

4 . It is submitted by counsel for the applicant that according to the

prosecution case, a theft took place in the dwelling house and certain mobile phones were stolen. Recovery of one Apple I Phone, i.e., 14 Pro has falsely been shown. The applicant is in jail for the last more than two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and as many as, 15 more criminal cases have been registered against him.

6. In reply, it is submitted by the counsel for the applicant that in view of the criminal antecedents, he is ready and willing to abide by any stringent

condition which may be imposed by this Court.

7. Considering the facts and circumstances of the case as well as period of detention, without commenting on the merits of the case, the bail application i s allowed. It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one surety in the like amount to the satisfaction of the committal Court/trial Court to appear before the Court on the dates given by the concerned Court.

8. The applicant shall appear before S.H.O., Police Station Jhansi Road, District Gwalior on 1st and 15th 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.

9. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

10. 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.

11. Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE Avi