Madhya Pradesh High Court
Ashok Kanjar vs The State Of Madhya Pradesh on 13 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 60936/2021
(ASHOK KANJAR Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 13/12/2021
Shri S.K. Mishra, 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 bail application was dismissed by
order dated 29.09.2021 passed in M.Cr.C. No.48355/2021 as
withdrawn.
The applicant has been arrested on 13/07/2021 in connection
with Crime No.357/2021 registered by Police Station Karera, District
Shivpuri for offence punishable under Section 34(2) of M.P. Excise
Act.
It is submitted by Counsel for the applicant that applicant is in
jail from 13.07.2021. According to persecution case, 500 liters of
country made illicit liquor has been seized from the applicant and co-
accused. The first bail application was rejected mainly on the ground
that applicant has a criminal history and more offences under M.P.
Excise Act as well as under Section 307 of IPC have been registered
against the applicant. It is submitted that in view of criminal
antecedents, he is ready and willing to abide by any stringent
condition which may be imposed by the Court. The trial is likely to
take sufficiently long time and there is no possibility of his
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 60936/2021
(ASHOK KANJAR Vs STATE OF MADHYA PRADESH)
absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by Counsel
for the State. It is submitted that as per criminal antecedents as
contained in the police case diary, as many as 14 criminal cases have
been registered against the applicant. Out of which, seven offences
were registered under Section 34 (2) of M.P. Excise Act and one
offence was registered under Section 49-A of M.P. Excise Act and one
offence under Section 307 of IPC was registered apart from other
offences.
In view of the period of detention as well as criminal
antecedents, this Court is of the considered opinion that the applicant
can be granted bail only on the stringent condition of furnishing cash
surety.
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.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
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 60936/2021
(ASHOK KANJAR Vs STATE OF MADHYA PRADESH)
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)
Judge
Aman
AMAN TIWARI
2021.12.13
16:05:41 +05'30'
