1 THE HIGH COURT OF MADHYA PRADESH MCRC No.11215/2022 (MANISH VS. STATE OF M.P.) Gwalior, Dated : 15/03/2022 Shri Sunil Kumar Dubey, learned counsel for the applicant. Shri P.P.S.Bajitha, learned counsel for the State. Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 16/02/2022 passed in MCRC No.8706/2022.
The applicant has been arrested on 13/12/2021 in connection with Crime No.24/2021 registered at Police Station Indargarh, District Datia for offence under Sections 34 (2) of M.P. Excise Act.
It is submitted by Counsel for applicant that according to the prosecution case, 1500 bulk liters of country made liquor was seized. The applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. It is further submitted that co- accused Bhura @ Radheshyam has already been granted bail by this Court by order dated 09/03/2022 passed in MCRC No.10101/2022. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by Counsel for the State.
Considering the period of detention and without commenting 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.11215/2022 (MANISH VS. STATE OF M.P.) 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.3,00,000/- (Rupees Three Lacs Only) 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.15
15:29:16 -07'00'