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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Afjal Kha – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.4497 of 2022
Decided On : 25-01-2022
Bail - Theft Offence - The court allowed the bail application, directing the release of the applicant on bail upon furnishing cash surety or depositing original title-deeds of immovable property, considering the facts and circumstances of the case and without commenting on the merits of the case.
Fact of the Case:
The applicant was arrested in connection with a theft offence and had been in jail for over three months. The prosecution alleged theft of valuable items from the complainant's house, and the applicant was found in possession of one of the stolen items.
Finding of the Court:
The court allowed the bail application, considering the length of time the applicant had been in jail, the likelihood of a lengthy trial, and the absence of possibility of absconding or tampering with the prosecution case. The court also took into account the bail granted to a co-accused and the directive from the Supreme Court in a related case.
Issues: The main issue was whether the applicant should be granted bail despite the criminal antecedents and the seriousness of the offence.
Ratio Decidendi: The court's decision was based on the length of the applicant's detention, the likelihood of a lengthy trial, the absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a related case.
Final Decision: The court directed the release of the applicant on bail upon furnishing cash surety of Rs.100,000 or depositing original title-deeds of immovable property, with strict conditions and consequences for non-compliance.
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 22.10.2021 in connection with Crime No.73/2021 registered by Police Station Rawatpura Distt. Bhind for offence punishable under Sections 380, 457 of IPC.
It is submitted by the Counsel for the applicant that applicant is in jail for the last more than three months. according, to the prosecution case, theft had taken place in the house of the complainant and a box containing gold mangalsutra, gold ear rings, silver ornaments, mobile phone and cash amount Rs.8,000/- were stolen. It is submitted that one mangalsutra has been seized from the possession of the applicant. although, the articles have been identified, but the applicant is in jail for the last more than three months. In view of criminal antecedents, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that this Court by order dated 19.01.2022 passed in M.Cr.C. No.3005/2022 has already granted bail to the co-accused Lavkush Jatav.
Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that one mangalsutra was seized from the possession of the applicant. applicant has criminal antecedents and six more criminal cases have been registered against him.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.100,000/- (Rupees One Lac) 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.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
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 decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The court considered the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant in granting bail.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
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.
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