Samant Singh @ Sawant Singh vs State Of Madhya Pradesh

This is first bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail.

Applicant has been arrested on 05.02.2020 in connection with Crime No.43/1981 registered at Police Station Baghchini, District Morena in relation to

the offence punishable u/Ss. 147, 148, 149, 307 of IPC.

It is alleged by the counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any

manner. The applicant aged 74 years is retired from BSF Academy, Takenpur, District Gwalior. The incident is said to have taken place on

01.07.1981. It is argued that the trial Court has rejected the application on the ground that the applicant has remained absconded for 38 years. Counsel

for the applicant has drawn attention of this Court to several documents filed along with bail application demonstrating the fact that the applicant was

in Govt. Service and was regularly working in the respondent-department. It is submitted that no intimation in respect of the commission of offence

and registration of FIR against the present applicant has been given to him. It is submitted that the applicant is ready to cooperate in the investigation.

There is no possibility of absconding or tampering with the prosecution evidence. On these grounds, counsel for the applicant prayed for grant of bail

to the applicant.

Per contra, learned Public Prosecutor for the State has opposed the application stating that there is named FIR against the present applicant. The

applicant has not cooperated in the investigation and he has been declared as absconder for last 38 years. Now, the applicant has been arrested. It is

further submitted that two other co-accused have been convicted by the trial Court vide order dated 12.08.1986. Specific query made to the Public

Prosecutor appearing for the State as to whether from the time of the incident why action has not been taken against the applicant who was working

in the respondent/department whereas the applicant was absconding for 38 years and since then why the applicant was not arrested at the relevant

time. It is answered by the Public Prosecutor for the State that several efforts were made to arrest the applicant but he could not be traced out, but

the fact remains that he was working in the respondent-department and there is nothing on record to show that he has ever remain absconded. No

efforts were made by the State to trace out the present applicant.

Considering the overall facts and circumstances of the case and also the fact that the applicant aged 74 years is old retired person, this Court deems it

appropriate to allow this bail application. Accordingly, the application is allowed and it is directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial

Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall mark his presence before the concerning (Samant Singh @ Sawant Singh Vs. The State of M.P. ) Police Station in the first

week of every month till conclusion of investigation (pending if any) and if charge sheet is being filed, the applicant will mark his presence as per the

directions issued by the concerning trial Court.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.