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Madhya Pradesh High Court

Malkhan Singh Gurjar vs The State Of Madhya Pradesh on 12 April, 2023

Author: Deepak Kumar Agarwal

Bench: Deepak Kumar Agarwal

                                                              1
                           IN      THE         HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 12 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 11699 of 2023

                          BETWEEN:-
                          MALKHAN SINGH GURJAR S/O SHRI HARIVILAS
                          GURJAR, AGED ABOUT 36 YEARS, OCCUPATION:
                          LABOURER RESIDENT OF VILLAGE BEECH KA PURA
                          AROLI TEHSIL AMBAH, DISTRICT MORENA (MADHYA
                          PRADESH)

                                                                                         .....APPLICANT
                          (SHRI MEHMOOD KHAN, LEARNED COUNSEL FOR THE APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH ITS POLICE STATION DIMNI,
                          DISTRICT MORENA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI PAWAN SINGH RAGHUVANSHI- LEARNED COUNSEL FOR THE
                          RESPONDENT- STATE)

                                 This application coming on for HEARING this day, th e court passed
                          the following:
                                                               ORDER

This is the FIRST bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 30-11-2022 by Police Station- Dimni District Morena (M.P.) in connection with Crime No.216 of 2009 registered for offence under Sections 307, 147, 148, 149 of IPC and Section 11/13 of MPDVPK Act.

Present is a case of bail jump.

Initially the applicant was granted benefit of bail but the applicant absented himself before the trial Court 14-10-2016 due to which arrest warrant was issued and under execution of warrant he was taken into custody and since 30-11-2022 he is in custody.

It is submitted by counsel for the applicant that the applicant is a poor labourer and had gone for labour to Gujarat. Due to lock-down he could not came back to his house and therefore, he could not appear before the court. The applicant undertakes that he shall appear before the trial Court regularly and shall not repeat such type f mistake in future. Therefore, by filing this bail application prayer for grant of bail is made.

Per contra, learned Public Prosecutor for the State opposed the application and submitted that the applicant has criminal antecedents and as many as more than five criminal cases have been registered against him. From the impugned order dated 20-02-2023, it shows that the applicant is habitual in absenting himself before the trial Court and, so many times arrest warrant have been issued by the Court below against him. Hence, prayed for rejection of this application.

Heard learned counsel for both the parties and perused the case diary. Looking to the aforesaid facts and circumstances of this case but without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash security of Rs.15,000/- along with a fresh bail bond in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) before the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of any default, cash Signature Not Verified security of Rs.15,000/- shall be forfeited without giving him any notice.

Application stands allowed and disposed of.

Certified copy as per rules (DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/12/2023 7:12:44 PM