Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1090

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Sanju Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59938 of 2022
Decided On : 19-12-2022

Advocates Appeared:
Vibhor Kumar Sahu, Advocate, Naval Kishore Gupta, Advocate
Final Result : Allowed

The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.

Headnote:
Bail Application - Grant of Bail - The court allowed the bail application and ordered the applicant to furnish cash security and bail bond for release on bail, with a condition to be present during trial and forfeiture of cash security in case of default.
Fact of the Case:

The applicant filed a second bail application under Section 439 Cr.P.C after being arrested for an offence under Section 392 of IPC. The applicant had previously been granted bail but remained absent, leading to the cancellation of bail bonds and subsequent arrest.
Finding of the Court:

The court, without commenting on the merits of the case, allowed the bail application and ordered the release of the applicant on bail upon furnishing cash security and bail bond, with the condition of being present during trial and forfeiture of cash security in case of default.
Issues: Bail application under Section 439 Cr.P.C, arrest for offence under Section 392 of IPC, cancellation of bail bonds, and subsequent arrest warrant.
Ratio Decidendi: The court considered the circumstances of the case and decided to grant bail, imposing conditions to ensure the applicant's presence during trial and to address the previous bail jump.
Final Decision: The bail application was allowed, and the applicant was ordered to furnish cash security and bail bond for release on bail, with conditions to be present during trial and forfeiture of cash security in case of default.

JUDGMENT

Deepak Kumar Agarwal, J. - This is second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. Applicant has been arrested by Police Station Shadora, District Ashoknagar in connection with Crime No.288/2021 for the offence punishable under Section 392 of IPC.

3. This is the case of bail jump where initially bail was granted to the applicant by the coordinate Bench of this Court vide order dated 31.03.2022 passed in M.Cr.C. No. 15755/2022, but applicant remained absent on 09.09.2022 as a result of which, his bail bonds were cancelled and arrest warrant was issued. Thereafter, he was arrested on 09.09.2022. Since then applicant is in custody.

4. Learned counsel for the State opposed the application and prayed for its rejection.

5. Both the Advocates are heard. Case diary is perused.

6. Looking to the aforesaid facts and circumstances of the case, 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 cash security of Rs.25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

7. He will present during trial before the trial Court on each and every date.

8. In case of any default cash security of Rs.25,000/- shall be forfeited.

9. Application stands allowed and disposed of.

Certified copy as per rules.

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