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2024 Supreme(Online)(MP) 15190

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
Krishnapal Singh Pawar – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 18773/2024



Advocates:
Mukesh Kumawat,Advocate General

The court has the discretion to grant bail to an accused, even if subsequent cases have been registered against him, if the court is satisfied that the accused has complied with the earlier bail conditions and the subsequent cases are mostly bailable offences.

Headnote:

Bail - Criminal Procedure Code - Sections 439, 437(3) - The court granted bail to the applicant, who was implicated in a case under Sections 457, 380, 436/34 of the Indian Penal Code, after considering the fact that the applicant had complied with the earlier bail conditions and the subsequent cases registered against him were mostly bailable offences, with the condition that he shall remain present during the trial and abide by the conditions under Section 437(3) of the Criminal Procedure Code.

Fact of the Case:

The applicant was implicated in a case under Sections 457, 380, 436/34 of the Indian Penal Code and was in jail since 23.04.2024. The applicant's first bail application was allowed by the court on 07.07.2021 with a direction to deposit a sum of Rs.6 lakhs in the trial court. However, after the applicant was released on bail, several new cases were registered against him, and the complainant filed an application for the cancellation of bail, which was allowed by the court on 21.02.2024.

Finding of the Court:

The court granted bail to the applicant, considering the fact that he had complied with the earlier bail conditions and the subsequent cases registered against him were mostly bailable offences, with the condition that he shall remain present during the trial and abide by the conditions under Section 437(3) of the Criminal Procedure Code.

Issues: Whether the applicant should be granted bail, considering the subsequent cases registered against him after his earlier release on bail.

Ratio Decidendi: The court granted bail to the applicant, considering the fact that he had complied with the earlier bail conditions and the subsequent cases registered against him were mostly bailable offences, with the condition that he shall remain present during the trial and abide by the conditions under Section 437(3) of the Criminal Procedure Code.

Final Decision: The court granted bail to the applicant upon furnishing a personal bond of Rs.25,000/- with one solvent surety of the like amount, with the condition that he shall remain present during the trial and abide by the conditions under Section 437(3) of the Criminal Procedure Code.

ORDER

1] They are heard. Perused the case-diary. 2] This is the applicant's second bail application filed under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.128/2021 registered at Police Station - M. G. Road, District Indore (M.P.) for offence punishable under Sections 457, 380, 436/34 of I.P.C. Applicant is in jail since 23.04.2024. 3] Applicant's first application M.Cr.C. No.32109 of 2021 was allowed by this Court on 07.07.2021 with a direction to deposit a sum of Rs.6 lakhs in the trial Court by way of fix deposit. However, after the aforesaid condition was complied with and the applicant was released on bail, there are as many as 7 cases were registered against him and externment proceedings was also initiated, which led the complainant to file an application under Section 439(2) of Cr.P.C. for cancellation of bail, which was registered as M.Cr.C. No.29233 of 2023 and which was allowed by this Court on 21.02.2024 cancelling the bail order holding that the applicant has misused the liberty extended to him.

4] Counsel for the applicant has submitted that the applicant was arrested on 23.04.2024 and all the subsequent cases, which were registered against the applicant are motivated and has been sponsored by the complainant Amit Yadav, who is also an influential businessman. It is also submitted that the applicant has already paid over and above the amount, which was directed by this Court to deposit in the Court and only with a view to further pressurize the applicant, these cases have been registered through various persons.

5] Counsel for the applicant has also submitted all the cases registered against the applicant are minor in nature as all of them are under Sections 294, 323, 506, 34 of IPC or under Section 327 of IPC, which are bailable in nature, except Section 327 of IPC and in all these cases, the applicant has already been released on bail. It is submitted that surprisingly prior to the present case, which is lodged at Crime No.128 of 2021, there were no criminal antecedents against the applicant, however, all the cases which are said to have been registered against him, are subsequent to the bail order passed by this Court on 07.07.2021, which also supports the applicant's contention that he is being targeted by the complainant's side only with a view to deny bail to him.

6] Counsel appearing for the objector, on the other hand, has opposed the prayer and it is submitted that this Court has rejected the bail application after due consideration of the fact that the applicant has indulged in criminal cases, as many as 7 criminal cases and an externment proceedings was also initiated against him and in such circumstances, if he again released on bail, he would again commit the same offence. Counsel has also drawn the attention of this Court to two video clips, in which one person appears to be beaten in the applicant's gym, whereas in the other incident, he had threatened a woman, who is seen hitting the applicant with slipper.

7] Counsel for the State has also opposed the prayer.

8] Having considered the rival submissions and on perusal of the case- diary as also the earlier orders passed by this Court in the bail application in M.Cr.C. No.32109 of 2021 dated 07.07.2021 as also the cancellation of bail order passed in M.Cr.C. No.29233 of 2023 dated 21.02.2024, this Court is of the considered opinion that the applicant had complied with the earlier order passed by this Court and had deposited the amount of Rs.6 lakhs in the trial Court as directed therein. However, it is also apparent that after he got released on bail, as many as 7 criminal cases have been registered against him, most of which are bailable offences only. However, in none of those cases, he has been convicted and it appears that criminal cases are pending. In such circumstances, considering the fact that the applicant is in jail since 23.04.2024, can be released on bail with a view to give hi

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