Deepak Singh Alias Langda v. State of Madhya Pradesh
2022-02-16
G.S.AHLUWALIA
body2022
DigiLaw.ai
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.
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.