Banti @ Keshav vs State Of M.P

G.S. Ahluwalia, J

It is submitted by the counsel for the applicant that the applicant was granted bail by order dated 14.06.2018 passed in M.Cr.C.No.19912/2018 on the

condition that the applicant shall appear before the Station House Officer, Police Station Chirula District Datia on 1st and 15th day of every month. It

is submitted that the applicant is facing difficulty in regularly appearing before the Station House Officer, Police Station Chirula, District Datia and

therefore, the said condition may be deleted. It is further submitted that since the applicant has a criminal history and he was in jail in connection with

the another case, therefore, he was released some time in the year 2021 and from the date of his release, he is regularly appearing before the Station

House Officer, Police Station Chirula, District Datia.

When this Court asked about the details of criminal antecedents of the applicant, then it was spontaneously reacted by Shri Ramkesh Singh Gurjar that

he does not know about the criminal antecedents. Thereafter, Shri Gurjar replied that the applicant has been acquitted in all the criminal cases. A

specific question was put to Shri Gurjar that when he is not aware about the criminal antecedents of the applicant, then on what basis he is making the

statement that the applicant has been acquitted in all the criminal case? It was submitted by Shri Gurjar that he was not aware of total number of

cases, but in some of the criminal cases, he has been acquitted. It is submitted by Shri Gurjar that at present, he is in possession of one judgment

passed in a case which was registered under Section 302 of IPC, but fairly conceded that in that case, all the witnesses had turned hostile.

Be that whatever it may.

The condition of appearance has been imposed in the light of criminal antecedents of the applicant. Accordingly, the same cannot be deleted.

The applicant has a criminal history. It is not known as to whether the applicant had religiously followed the condition imposed by this Court or not ?

Accordingly, Station House Officer, Police Station Chirula, District Datia is directed to submit a report before the trial Court alongwith documents to

show that the applicant had regularly appeared before Station House Officer, Police Station Chirula, District Datia on 1st and 15th day of every

month. If it is found that the applicant did not appear before the Station House Officer, Police Station Chirula, District Datia on 1st and 15th day of

every month or committed default in appearance, then bail order dated 14.06.2018 passed in M.Cr.C.No.19912/2018 shall automatically stand recalled

and the Trial Court shall issue warrant of arrest against the applicant. If it is found that the applicant did appear before the Station House Officer,

Police Station Chirula, District Datia regularly on 1st and 15th day of every month, then he shall continue to do so till the conclusion of trial.

With aforesaid observations, the application fails and is hereby dismissed.

Office is directed to immediately send a copy of this order to the Trial Court for necessary information and compliance.

Let a copy of this order be given to the Public Prosecutor for communicating the same to the SHO, Police Station Chirula, District Datia for necessary

information and compliance.