Madhya Pradesh High Court
Jeetu Kushwah vs The State Of Madhya Pradesh on 10 August, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 50592/2020
(Jeetu Kushwaha Vs. State of M.P.)
(1)
Gwalior, dated : 10/8/2021
No one appears for the applicant.
Shri Rohit Mishra, Additional Advocate General for the
respondent-State.
I.A. No.24038/2020, an application for urgent hearing is allowed.
Case Diary is perused.
The applicant has filed this repeat application under section 439 of the Cr.P.C. for grant of bail. The earlier one was allowed vide order dated 3/5/12 passed in M.Cr.C. No.2801/2012.
After being arrested by Police Station Thathipur, District Gwalior, in connection with Crime No.303/2011 registered in relation to the offences punishable under sections 399, 400, 402 of the IPC; 11, 13 of the MPDVPK Act and 25/27 of the Arms Act, the applicant was released on bail by this Court vide order dated 3/5/2012 (Supra) . However, he jumped the bail and, ultimately, perpetual warrant of arrest was issued against him on 24/7/2015, in pursuance whereof, he has been arrested on 28/9/2020.
It is mentioned in the application that having gone out THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 50592/2020 (Jeetu Kushwaha Vs. State of M.P.) (2) for labour work, the applicant could not return in time to appear before the trial Court and remained in Jaipur for a long time. The applicant is in custody since 28/9/2020 and assures that now if released on bail he shall abide by the conditions which may be imposed by this Court.
In response, learned Additional Advocate General has opposed the application and prayed for its rejection.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant, though on comparatively stringent conditions.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a fresh personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac) with two solvent and local sureties of Rs.50,000/- (Rupees fifty thousand) each to the satisfaction of the trial THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 50592/2020 (Jeetu Kushwaha Vs. State of M.P.) (3) Court for his appearance on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
It is made clear that in case of bail jump, this order shall automatically stand cancelled.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge (and) ANAND SHRIVASTAVA 2021.08.11 10:25:37 +05'30'