Gurumitsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8323 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.59042/2021
               Gurumeet Singh vs. State of M.P.

Gwalior, Dated :06/12/2021

      Shri Anil Jha, Counsel for the applicant.

      Shri C.P. Singh, Panel Lawyer for the respondent/State.

Case diary is available.

This fourth application under Section 439 of Cr.P.C. has been

filed for grant of bail. The third application was dismissed as

withdrawn by order dated 8.11.2021 passed in

M.Cr.C.No.52198/2021.

The applicant has been arrested on 3.6.2021 in connection with

Crime No.151/2021 registered at Police Station Dehat Dabra, District

Gwalior for offence under Sections 34(2) and 49(A) of Excise Act.

The previous bail applications have already been dismissed on

merits. However, by order dated 8.11.2021 passed in

M.Cr.C.No.52198/2021, this Court had granted liberty to the

applicant to revive the prayer after undergoing some reasonable

period of detention.

It is submitted by the counsel for the applicant that the

applicant is in jail from 3.6.2021 and he has completed more than six

months of his pre-trial custody. The allegations are that the applicant

was in possession of 3492 bulk litres of country made liquor worth

Rs.15,92,000/- as well as packing material. The applicant has no

criminal history. In view of serious nature of allegation, he is ready

THE HIGH COURT OF MADHYA PRADESH MCRC No.59042/2021 Gurumeet Singh vs. State of M.P.

and willing to abide by any stringent condition which may be

imposed by the Court including that of furnishing cash surety. One of

the seizure witness has been examined and he has not supported the

prosecution case. 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 respondent/State. However, it is fairly conceded that

the applicant is in jail from 3.6.2021 and he has no criminal history.

Considering the period of custody but in view of large quantity

of illicit liquor along with packing material seized from the

possession of the applicant, this Court is of the considered opinion

that the applicant can be granted bail only on stringent condition of

furnishing cash surety. Accordingly, 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) or in the

alternative on depositing his original title-deed(s) [not Rin Pustika] of

the immovable property worth of more than the said amount, as

directed by the Supreme Court in the case of Sharo @ Shahrukh Vs.

The State of MP by order dated 06.09.2021 passed in SLP (Cri)

No. 6321/2021 to the satisfaction of the Trial Court/Committal Court

to appear before the Court on the dates given by the concerned Court.

THE HIGH COURT OF MADHYA PRADESH MCRC No.59042/2021 Gurumeet Singh vs. State of M.P.

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 case, the title deeds have been deposited,

then the same shall not be returned unless and until the surety amount

is deposited.

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.

CC as per rules.

                                                                (G.S. Ahluwalia)
 (alok)                                                             Judge




ALOK KUMAR
2021.12.06 18:00:57 +05'30'