Madhya Pradesh High Court
Sardar Kaka Singh vs The State Of Madhya Pradesh on 12 March, 2019
1 MCRC-9936-2019
The High Court Of Madhya Pradesh
MCRC-9936-2019
(SARDAR KAKA SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 12-03-2019
Shri Aditya Ahiwasi, learned counsel for the applicant.
Shri Deepak Singh, learned Dy. G. A. for the respondent/ State.
Heard.
This is first bail application under Section 439 of Cr.P.C in connection with Crime No.173/2015, registered at Police Station rehatgaon District Harda for the offence punishable under Sections 363, 366 & 120-B of the IPC.
Learned counsel for the applicant submits that the applicant was released on bail by the trial Court vide order dated 14.9.2015, however, he could not appear before the trial Court on 27.2.1017 and, therefore, an arrest warrant was issued against him and he is in custody since 26.10.2018. The applicant assures that he will be regular in appearance before the trial Court in future on the given dates. It is also submitted that the applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. It is further submitted that the applicant is in jail since 26.10.2018. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned counsel for the respondent-State opposes the bail application.
On going through the order sheets of the session trial, it appears that the applicant has already been enlarged on bail by the trial Court. Later on, during the course of trial, he was not appeared on 27.2.2017, So his bail bond has been forfeited and a direction for issuing an arrest warrant has been passed, he was arrested on 26.10.2018 and since then he is in jail.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the fact that earlier the applicant was released on bail, without expressing any opinion on the merits of the case, I am of the considered view that if the applicant Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 13/03/2019 05:32:23 2 MCRC-9936-2019 deposits a sum of Rs.3,000/- from his previous bond before the trial Court, then application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed with the aforesaid condition.
It is directed that if the applicant produces receipt of depositing of Rs.3,000/- before the trial Court, then he be released on bail on furnishing a fresh personal bond in sum of Rs.50,000/-(Rupees Fifty thousand) with two solvent surety of same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE kkc Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 13/03/2019 05:32:23