Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Deepak Singh Alias Langda – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.8359 of 2022
Decided On : 16-02-2022
Bail - Arms Act - The court granted bail to the applicant under stringent conditions, considering the period of detention and criminal history, and directed the applicant to furnish cash surety or deposit original title-deeds of immovable property worth a specified amount.
Fact of the Case:
The applicant was arrested in connection with an offense under the Arms Act. The applicant sought bail, claiming false implication and willingness to abide by stringent conditions. The State opposed the application citing the applicant's criminal history.
Finding of the Court:
The court allowed the application and granted bail to the applicant under stringent conditions, considering the period of detention and criminal history.
Issues: Grant of bail under the Arms Act, consideration of criminal history, and imposition of stringent conditions.
Ratio Decidendi: The court considered the period of detention and criminal history in granting bail under stringent conditions, in line with the judgment of the Supreme Court.
Final Decision: The applicant was granted bail on furnishing cash surety or depositing original title-deeds of immovable property worth a specified amount, with the condition that any default in appearance before the Trial Court or registration of a new offense would lead to the bail order becoming ineffective.
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 16.12.2021 in connection with Crime No.338/2021 registered by Police Station Gormi Distt. Bhind for offence punishable under Sections 25/27 of arms act.
It is submitted by the Counsel for the applicant that according to the prosecution case, one .315 bore country made pistol along with live cartridges was seized from the possession of the applicant. The applicant has been falsely implicated. In view of criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by this Court including that of furnishing cash surety. The applicant is in jail for the last two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that as many as nine more criminal cases including offence under Section 307 of IPC have been registered against the applicant.
Considering the period of detention as well as criminal history applicant can be granted bail only on stringent condition. accordingly, the application is allowed.
It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac Only) or in the alternative on depositing his original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court. If the title deeds are deposited, then the same shall not be returned unless the cash surety amount is deposited.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
CC as per rules.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
The court considered the length of detention, likelihood of a lengthy trial, absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a....
Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail under Section 439 of Cr.P.C. considering the period of detention, criminal history of the applicant, and readiness to furnish cash surety.
Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the period of detention, absence of the accused's possession of the incr....
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
