Madhya Pradesh High Court
Iqbal vs The State Of Madhya Pradesh on 10 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 59384/2021
(IQBAL Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 10/12/2021
Shri Ashish Singh Jadon, Counsel for applicant.
Shri C.P. Singh, Counsel for State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail. The first bail application was dismissed by
order dated 28.10.2021 passed in M.Cr.C. No.48715/2021 as
withdrawn with liberty to revive the prayer after undergoing some
reasonable period of detention.
The applicant has been arrested on 07.09.2021 in connection
with Crime No.667/2021 registered at Police Station Kotwali Distt.
Guna for offence under Section 49(A) of M.P. Excise Act.
It is submitted by Counsel for the applicant that the first bail
application was withdrawn with liberty to revive the prayer after
undergoing some reasonable period of detention as two more
offences under M.P. Excise Act were registered against the applicant.
According to the prosecution case, 10 liters of country made liquor
has been seized from the possession of applicant which is alleged to
be unfit for human consumption. Although the FSL report has been
received and charge-sheet has been filed but applicant is in jail for
more than three months. In view of the criminal antecedents,
applicant is ready and willing to abide by any stringent condition
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 59384/2021
(IQBAL Vs THE STATE OF MADHYA PRADESH)
which may be imposed by the Court. The trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with prosecution witnesses.
Per contra, the application is vehemently opposed by Counsel
for the State. It is submitted that two more cases of similar nature
have been registered against applicant.
Considering the facts and circumstances of the case and
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.
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
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 59384/2021
(IQBAL Vs THE STATE OF MADHYA PRADESH)
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 & 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)
Judge
Aman
AMAN TIWARI
2021.12.10
15:23:31 +05'30'
