Akash vs The State Of Madhya Pradesh
2023 Latest Caselaw 22549 MP

Madhya Pradesh High Court

Akash 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. 55772 of 2023

                          BETWEEN:-
                          AKASH S/O SHRI MAHESH AHIRWAR, AGE 21
                          YEARS, OCCUPATION: LABOURER, R/O RAJAPUR,
                          P.S. RAKSHA, DISTRICT JHANSI UP AT PRESENT
                          SABTOSH BAI KA MAKAN, MSHIHANGANJ SIRPI
                          BAJAR JHANSI ,DISTRICT JHANSI (UTTAR
                          PRADESH)

                                                                                      .....APPLICANT
                          (BY SHRI AVADHESH PARASHAR - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION SURVAYA, DISTRICT SHIVPURI
                          M.P. (MADHYA PRADESH)

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

                                 T h is application coming on for admission this day, t h e 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 25.08.2023 in connection with Crime No.84/2023 registered at Police Station Survaya, District Shivpuri

for offence under Section 392/34 of IPC, and Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.

4. It is submitted by counsel for applicant that according to the prosecution case, two persons robbed the complainant by snatching away a bag from the hand of his wife Smt. Rachna. It is submitted that the applicant has been identified and a gold mangalsutra has been seized from his possession. However, the applicant is in jail for the last more than four months and the trial is likely to take long time. Since the applicant is the resident of Jhansi, therefore he is ready and willing to furnish cash surety.

5. Per contra, the application is vehemently opposed by counsel for the State. It is submitted that applicant has a criminal history and three

more offences have been registered against him.

6. Considering the period of detention as well as considering the fact applicant was identified and stolen Mangalsutra has been seized from his possession, this Court is of the considered opinion that this application can be allowed only on the stringent condition of cash surety.

7. Accordingly, 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.1,00,000/- (Rupees One Lac Only) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

8. 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.

9. In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 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