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2024 Supreme(Online)(MP) 53319
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 1st OF MARCH, 2024 MISC. CRIMINAL CASE No. 8628 of 2024 BETWEEN:- ANANDRAM S/O GARBAR, AGED ABOUT 40 YEARS, OCCUPATION: LABOUR R/O VILLAGE CHIRBELL, POLICE CHOUKI DESHGAW P.S. CHAIGAWMAKHAN TAHSIL AND DISTRICT KHANDWA (MADHYA PRADESH) .....APPLICANT (BY SHRI SANJEEV KUMAR TIWARI-ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CITY KOTWALI DISTRICT KHANDWA (MADHYA PRADESH) .....RESPONDENT (BY MS. PAPIYA GHOSH-PANEL LAWYER) This application coming on for admission this day, the court passed the following:
Sanjeev Kumar Tiwari,Advocate General
An accused may be granted bail even after multiple denials if they have been detained for a prolonged period and there are no compelling reasons to keep them in custody, provided that stringent conditions are imposed to ensure their presence during the trial.
Headnote:
BAIL - SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE - SUMMARY
Fact of the Case:
The applicant was arrested for allegedly furnishing a forged bail bond and producing a tampered Bhu Adhikar Evam Rin Pustika (Akikrat) Part 1 and 2. He was denied bail on three previous occasions and filed a fifth bail application.
Finding of the Court:
The court noted the applicant's prolonged detention and the fact that a co-accused had been granted bail. It also considered the nature of the allegations and the need to impose stringent conditions to ensure the applicant's presence during the trial.
Issues: Whether the applicant should be granted bail considering his prolonged detention and the fact that a co-accused had been granted bail.
Ratio Decidendi: The court held that the applicant could be released on bail subject to stringent conditions, including a personal bond and solvent sureties, and a requirement to remain present at all trial dates. The court also warned that the bail order would be automatically canceled if the applicant committed any similar offenses during the trial.
Final Decision: The court allowed the applicant's fifth bail application and directed his release on bail subject to the aforementioned conditions.
ORDER
This fifth bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 664/2022 dated 17.10.2022, registered at Police Station City Kotwali, District Khandwa (M.P.) for commission of offence under Sections 420, 467, 468, 471 of IPC. Applicant is in detention since 29.12.2022. 2. Applicant's earlier first, second and fourth bail applications were dismissed as withdrawn and not pressed vide order dated 21.02.2023, 31.07.2023 and 21.02.2024 passed in M.Cr.C. No.2470/2023, M.Cr.C. No.31832/2023 and M.Cr.C.No.4479 of 2024, respectively. His third bail application was dismissed on merit vide order dated 20.12.2023 passed in M.Cr.C. No.53814 of 2023. 3. As per the prosecution story, on 05.08.2021, Anandram S/o Gadbad appeared to furnish bail bond for accused Raja @ Raju in RCT No.2702219/2016 and RCT No. 2702139/2016 pending on the case file of Special Railway Magistrate Khandwa. He produced Bhu Adhikar Evam Rin Pustika (Akikrat) Part 1 and 2, No.KH25147. At the time of verification of bail papers, it was found that page No.15 to 20, 41 to 46 were changed and new pages were added. Same was sent for inquiry to Tehsildar Khandwa. In the course of investigation, it was found that present applicant was having number of Rin Pustika in his possession and pages were changed and enlisted by him and Mahesh Kewat. After investigation, charge-sheet has been filed. 4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is submitted that applicant is in jail for last more than one year. Trial of the case will take considerable time. Co-accused has already been released on bail vide order dated 25.01.2024 passed in M.Cr.C.No.3424 of 2024.Therefore, it is prayed that applicant too may be released on bail.
5. On the other hand, learned counsel for the State has opposed grant of bail.
6. Considering the detention period of the applicant and other facts and circumstances of the case, but without expressing any opinion on the merit of the case, I am of the view that applicant may be released on bail by imposing stringent conditions. Consequently, fifth bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 7. It is directed that applicant -Anandram be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with two solvent sureties of Rs.1,00,000/- (Rupees One Lakh only) each in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 8. It is made clear that if during the period of trial applicant is found involved in the offence of similar nature, this bail order shall automatically stand cancelled. Applicant shall mention this condition in the bail papers furnished before the trial Court.
9. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
1 0 . A copy of this order be also sent to Superintendent of Police, Khandwa and S.H.O. Police Kotwali, Khandwa for information. Certified copy as per rules. (DINESH KUMAR PALIWAL) JUDGE b
