Sattu @ Satendra Singh vs. The State Of Madhya Pradesh

1 THE HIGH COURT OF MADHYA PRADESH MCRC No.61736/2021 (SATTU @ SATENDRA SINGH VS. STATE OF M.P.)

Gwalior, Dated : 15/12/2021

Shri Rahul Bansal, learned counsel for the applicant.

Shri Rajeev Upadhyay, learned counsel for the State.

Case diary is not available. Accordingly, the bail application is being decided on the basis of the averments made in the application as well as facts mentioned in the impugned order.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 05/06/2021 in connection with Crime No.189/2021 registered at Police Station Gohad, District Bhind for offence under Sections 25 and 27 of the Arms Act.

It is submitted by the counsel for the applicant that according to the prosecution case, one country made pistol alongwith one 315 bore live cartridge have been seized from the possession of the applicant. The applicant is in jail from 05/06/2021. The applicant has been falsely implicated. In view of the criminal antecedents of the applicant, the applicant 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.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal

2 THE HIGH COURT OF MADHYA PRADESH MCRC No.61736/2021 (SATTU @ SATENDRA SINGH VS. STATE OF M.P.)

history and apart from the present case, 9 more criminal cases including two under Section 25/27 of the Arms Act have been registered against the applicant.

In view of the criminal antecedent as well as period of detention and 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.1,00,000/- (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.

In the light of the judgment passed by the Supreme Court in

3 THE HIGH COURT OF MADHYA PRADESH MCRC No.61736/2021 (SATTU @ SATENDRA SINGH VS. STATE OF M.P.)

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

(G.S. Ahluwalia)

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

Pj'S/- Judge

Digitally signed by PRINCEE BARAIYA Date: 2021.12.15 17:30:22 -08'00'