Vivek Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7645 MP

                                              1                             M.Cr.C. No.19808/2023


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 10th OF MAY, 2023
            MISC. CRIMINAL CASE No. 19808 of 2023
BETWEEN:-

VIVEK SINGH S/O SHIR ABHAYRAK SINGH,
AGED ABOUT 39 YEARS, OCCUPATION:
BUSINESSMAN, PRESENTLY R/O FLAT NO 456,
TOWER L-14, FOURTH FLOOR, ASHIYANA
ANGAN, ALWAR BYPASS BHIWADI, DISTRICT-
ALWAR    (RAJASTHAN), PERMANENT    R/O
VILLAGE    MANIKWAR,  POLICE   STATION
CHAKGAHT,    DISTRICT REWA    (MADHYA
PRADESH)



                                                                                  .....APPLICANT
(SHRI ANIL KHARE- SENIOR ADVOCATE WITH SHRI PRIYANK AGRAWAL-
ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CIVIL LINE, DISTRICT REWA
(MADHYA PRADESH)



                                                                             .....RESPONDENTS
(BY MS. SHANTI TIWARI- PANEL LAWYER FOR THE RESPONDENT/STATE)

---------------------------------------------------------------------------------------------------------
         This application coming on for hearing this day, the court passed

the following:

                                                  ORDER

Case diary is available.

2. This third application under Section 439 of Cr.P.C. has been filed for grant of bail in connection with Crime No.536/2017 registered at Police Station Civil Line, Rewa for offence under Sections 419, 409, 420, 467, 468, 471, 120B, 34 of IPC and under Section 25/27 of the Arms Act.

3. It is submitted by the counsel for applicant that the second bail application of the applicant was dismissed on merits by order dated 07.02.2023 passed in M.Cr.C. No.5947/2023. The applicant is in jail since 29.10.2022. The allegations against the applicant are that by manipulating the documents, the property which was standing in the name of the complainant was transferred to the name of third person. It was also found that the hand writing on the disputed document is that of the applicant. However, the applicant is in jail for the last 7 months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case. He has no criminal history.

4. Per contra, the application is vehemently opposed by counsel for the respondent/State. It is submitted that the second bail application of the applicant was dismissed on merits but fairly conceded that the period of detention is also a fresh cause of action which can be considered in subsequent bail applications. Furthermore, after going through the case diary, it was fairly conceded that the case diary does not contain any criminal antecedent of the applicant.

5. Considering the allegations as well as 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 Only) 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.

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

7. 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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE ashish ASHISH KUMAR LILHARE 2023.05.12 19:05:11 +05'30'