Afjal Kha vs State Of M.P

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 22.10.2021 in connection with Crime No.73/2021 registered by Police Station Rawatpura Distt. Bhind for offence

punishable under Sections 380, 457 of IPC.

It is submitted by the Counsel for the applicant that applicant is in jail for the last more than three months. According, to the prosecution case, theft

had taken place in the house of the complainant and a box containing gold mangalsutra, gold ear rings, silver ornaments, mobile phone and cash

amount Rs.8,000/- were stolen. It is submitted that one mangalsutra has been seized from the possession of the applicant. Although, the articles have

been identified, but the applicant is in jail for the last more than three months. In view of criminal antecedents, he 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. It is further submitted that this Court by order dated 19.01.2022 passed in M.Cr.C. No.3005/2022 has already

granted bail to the co-accused Lavkush Jatav.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that one mangalsutra was seized from the possession of

the applicant. Applicant has criminal antecedents and six more criminal cases have been registered against him.

Considering the facts and circumstances of the case, 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.100,000/- (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. 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.