Omi Singh Kushwah vs State Of Madhya Pradesh

Vishal Mishra, J

The present petition has been filed under section 482 of Cr.P.C. for modification of the condition that “subject to verification of the fact that the

applicant is having no criminal historyâ€​ in the order dated 12.02.2021 passed in M.Cr.C.No.6361/2021.

Learned counsel for the applicant submits that at the time of arguments, he was not aware of the fact that the criminal cases are pending against the

present applicant/petitioner. However, on verification, it came to the notice that one other criminal case which was registered against him at Crime

No.444/2020. It is submitted that the applicant is on bail in that case. He has filed a photocopy of the receipt of the fine amount which was deposited

by him in the aforesaid crime number. It is further argued that at the time of arguments, the State counsel has also submitted that there is no criminal

history of the present applicant as per the case diary. Thus, there is a bonafide mistake committed by the counsel for the applicant, but the fact

remains that there is one other criminal case registered against the present applicant/petitioner.

Counsel for the applicant/petitioner has further argued that in similar circumstances, this Court has passed an order in M.Cr.C.No. 22763/2020 (Sonu

Vs. State of M.P.). He submits that he is agreeable to the aforesaid terms.

In the aforesaid terms, the Court deems it appropriate to allow the petition and the condition imposed by this Court in the order dated 12.02.2021

passed in M.Cr.C.No.6361/2021 to the effect that“subject to verification of the fact that the applicant is having no criminal history†stands deleted

subject to payment of cost of Rs.25,000/- (Rs.

Twenty Five Thousand Only) by the applicant/petitioner to be deposited before the Principal Registrar of this Court within a period of seven working

days from today and on the presentation of deposition of the cost amount the order dated 12.02.2021 passed in M.Cr.C.No. 6361/2021 will be

executed and released warrant will be prepared. The cost deposited shall be utilized for the benefits of children at Mercy Home, Gwalior as per their

requirements. The Registrar of this Court is directed to inform the Administrator of the Mercy Home, Gwalior regarding the cost. If the cost is not

deposited within seven working days, the matter be listed under the heading of “directionsâ€​ before this Hon'ble Court.

The order passed in the present petition shall be read conjointly with the order dated 12.02.2021 passed in M.Cr.C.No.6361/2021.

With the aforesaid modification, this petition is disposed of. A copy of this order be placed in the record of M.Cr.C.No.6361/2021.

Copy of this order be sent to the trial Court concerned for compliance.