Madhya Pradesh High Court
MCRC/54363/2023 of TINKU JATAV Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 54363 of 2023
BETWEEN:-
TINKU JATAV S/O LATE SHRI NETRAM JATAV,AGED 37 YEARS, OCCUPATION: LABOUR R/ONIBUVAPURA JATAV DHARMSHALA KE PASSMURAR GWALIOR (MADHYA PRADESH)
(BY SHRI SATYENDRA PANDEY- ADVOCATE )
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION MURAR DISTRICT GWALIOR (MADHYAPRADESH)
(SHRI V.P.S. TOMAR - PANEL LAWYER)
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
Case diary is available.
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ORDER
2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
3. The applicant has been arrested on 06.11.2023 in connection withCrime No.892/2023 registered at Police Station Morar, District Gwalior foroffence under Section 14 of Madhya Pradesh Rajya Suraksha Adhiniyam.
4. It is submitted by the counsel for the applicant according to theprosecution case, the order of externment was passed on 23.10.2023thereby externing the applicant from the limits of districts mentioned in theexternment order for a period of three months. The applicant is in jail from06.11.2023, i.e., almost two months. Now, he undertakes to immediatelyremove himself from the limits of the districts as mentioned in theexternment order and to comply the order of externment. The Trial is likelyto take sufficiently long time and there is no possibility of his abscondingor tampering with the prosecution case.
5. Per contra, the application is vehemently opposed by the counselfor the State. It is submitted that applicant has a criminal history and 10more criminal cases have been registered against him.
6. Heard learned counsel for the parties.
7. The allegations are that in spite of externment order, he wasfound within the limits of Gwalior District. However, in view of the periodof detention, this Court is of the considered opinion that he can bereleased on bail.
8. Considering the nature of allegations and period of detention as well as undertaking given by counsel for the applicant that he wouldimmediately remove himself from the limits of the districts as mentioned inthe externment order, without commenting on the merits of the case, theapplication is allowed. It is directed that the applicant be released on bailon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees OneLac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given bythe concerned Court.
9. Before release of the applicant, he shall file an affidavit before the Trial Court by giving an undertaking that immediately he would removehimself from the limits of the districts as mentioned in the externment orderand he would also disclose the address where he would reside during theperiod of externment.
10. This order shall remain effective till the end of trial but in case ofbail jump, it shall become ineffective.
11. In the light of the judgment passed by the Supreme Court in thecase of Aparna Bhat and others Vs. State of M.P. Passed on18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
12. Certified copy as per rules.
Avi
(G.S. AHLUWALIA)V. JUDGE