Bheema Alias Bhimsen Jatav vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This first application under Section 439 of CrPC has been filed for grant of bail.

The applicant has been arrested on 25/12/2021 in connection with Crime No.212/2021 registered at Police Station Murar, District Gwalior for offence under Sections 392 of IPC and Sections 11 and 13 of MPDVPK Act.

It is submitted by the counsel for the applicant that the applicant is in jail for the last near about 11 months. The allegations are that of chain snatching. It is true that a part of the chain snatched by the applicant has been recovered which has been duly identified by the complainant as well as the applicant has already been identified by the complainant in TIP, but his prayer for grant of bail may be sympathetically considered in the light of the period of detention. 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 history and as many as 14 more criminal cases have been registered against him.

In reply, it is submitted by the counsel for the applicant that in view of the criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety.

Considering the 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) 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 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.