Madhya Pradesh High Court
Gulam Mirja@Belul vs The State Of Madhya Pradesh on 9 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:477
1 MCRC-54472-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 9 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 54472 of 2024
GULAM MIRJA@BELUL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ankur Maheshwari - Advocate for the applicant.
Shri Naval Kishor Gupta- Public Prosecutor for the State.
ORDER
Case diary is available.
2. This second repeat application under section 483 of Bhartiya Nagarik
Suraksha Sanhita, 2023 has been filed for grant of bail. First application was
dismissed as withdrawn by order dated 11/11/2024 passed in MCRC
No.46278/2024 with liberty to revisit this Court after charge-sheet is filed.
3. Applicant has been arrested on 01/10/2024 in connection with Crime
No.343/2024 registered at Police Station Kurwai, District Vidisha (M.P.) for
offence under Sections 305-a, 112-2 of BNS.
4. It is submitted by counsel for applicant that charge-sheet has been filed.
It is the case of prosecution that applicant had stolen the gold ornaments from a
jewellery shop and he was apprehended by by-passers while he was trying to
escape on a motorcycle. Stolen articles have also been seized from the possession
of applicant and he was also duly identified in Test Identification Parade. It is
submitted that in view of criminal antecedents, he is ready and willing to abide by
NEUTRAL CITATION NO. 2025:MPHC-GWL:477
2 MCRC-54472-2024
any stringent condition which may be imposed by this Court including that of
furnishing cash surety. It is submitted that applicant is in jail for the last more
than three months. The trial will take sufficiently long time.
5. Per contra, the application is vehemently opposed by counsel for State.
It is submitted that as many as 12 more offences were registered against him out
of which most of them are of similar in nature and two offences under Section
376(2)(n) of IPC were also registered and apart from that one offence under
Section 354, 506 of IPC and Section 7/8 of POCSO Act was also registered.
However, it was admitted that out of 12 offences, 10 offences were registered
between year 2009-2020.
6. Heard the learned counsel for the parties.
7. Considering the nature of allegations, period of detention and criminal
antecedents of applicant, this Court is of considered opinion that he can be
granted bail only on stringent condition of furnishing cash surety.
8. Accordingly, application is allowed. It is directed that 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.
9. This order shall remain effective till the end of trial but in case of bail
jump, it shall become ineffective and the trial Court shall be free to take the
applicant in custody.
10. It is made clear that a single default in appearing before Trial Court or
in case if any new offence is registered against him, then cash surety shall
automatically stand forfeited, and bail order shall automatically stand cancelled.
Otherwise, this bail order shall continue till the conclusion of trial.
11. In the light of the judgment passed by the Supreme Court in the case of
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3 MCRC-54472-2024
XYZ and Others Vs. State of M.P. and Another, reported in (2021) 16 SCC 179 ,
the intimation regarding grant of bail be sent to the complainant.
12. Certified copy as per rules.
(G. S. AHLUWALIA)
JUDGE
PjS/-
