Sonu Rathore vs The State Of Madhya Pradesh
2021 Latest Caselaw 8482 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC.60077/2021
                 Sonu Rathore v. State of M.P.

Gwalior, Dated: 08.12.2021

       Shri Raj Shrivastava, Counsel for the applicant.

       Shri C.P. Singh, Counsel for the State.

       Case diary is available.

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

filed for grant of bail.

       The applicant has been arrested on 17.07.2021 in connection

with Crime No.403/2021 registered at Police Station Kotwali Distt.

Shivpuri for offence under Section 49 (ka) of Excise Act.

       Bail application of co-accused person was decided by the co-

ordinate bench of this Court. However, on account of transfer of the

Hon'ble Judge, the matter has been placed before this Court.

       It is submitted by the counsel for the applicant that according

to the prosecution case, three liters of country made liquor has been

seized from the possession of the applicant which is alleged to be

unfit for human consumption. The applicant is in jail from

17.07.2021

. However, FSL report report has not been received. In

view of the criminal antecedents of the applicant, he is ready and

willing to abide by any stringent condition which may be imposed by

this Court including that of furnishing cash surety. The Trial is likely

to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC.60077/2021 Sonu Rathore v. State of M.P.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that the applicant has criminal

history and one offence under Section 8/7 of NDPS Act and four

offences under Gambling Act have been registered against the

applicant. However, it is fairly conceded that the FSL report has not

been received

Heard the learned Counsel for the parties.

Considering the period of detention as well considering the

criminal antecedents of the applicant, the applicant can be granted

bail on a stringent condition.

Accordingly, 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 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.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

THE HIGH COURT OF MADHYA PRADESH MCRC.60077/2021 Sonu Rathore v. State of M.P.

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.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.12.08 17:23:21 +05'30'