Sonveer Singh Sikarwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8730 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 60092/2021 (SONVEER SINGH SIKARWAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 13/12/2021

Shri Puran Kulshrestha, Counsel for applicant.

Shri R.K. Awasthi, 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 application was dismissed by order

dated 10.11.2021 passed in M.Cr.C. No.51894/2021 as withdrawn

with liberty to revive the prayer after undergoing some reasonable

period of detention.

The applicant has been arrested on 02.10.2021 in connection

with Crime No.1202/2021 registered by Police Station City Kotwali,

District Morena for offence punishable under Section 34 (2) of Excise

Act.

It is submitted by Counsel for applicant that according to the

prosecution case, 146.88 bulk liters of illicit liquor worth Rs.81,600/-

was seized from the possession of applicant. The applicant is in jail

for more than last two months and in view of the fact that applicant is

the resident of Agra (U.P.), he is ready and willing to abide by any

stringent condition which may be imposed by the 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

prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 60092/2021 (SONVEER SINGH SIKARWAR Vs THE STATE OF MADHYA PRADESH)

Per contra, the application is vehemently opposed by Counsel

for the State. However, after going through the police case diary, it is

submitted that the applicant has no criminal history in the State of

M.P. but was unable to address as to whether the applicant has any

criminal history in the State of of Rajasthan or U.P.

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

by the applicant shall automatically stand forfeited without any

THE HIGH COURT OF MADHYA PRADESH MCRC No. 60092/2021 (SONVEER SINGH SIKARWAR Vs THE STATE OF MADHYA PRADESH)

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 2021.12.13 16:05:04 +05'30'