Ramesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7376 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-49923-2021 Ramesh Vs. State of MP

Gwalior, Dated: 12-11-2021

Shri V.K. Sahu, Counsel for the applicant.

Shri N.S. Tomar, Counsel for the State.

Case Diary is available.

This first application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 05.09.2021 in connection

with Crime No.146/2021 registered at Police Station Kadwaya Distt.

Ashoknagar for offence under Sections 34(2) of the M.P Excise Act.

According to the prosecution case, 120 bulk liters of country

made liquor has been seized from the possession of the applicant. It

is submitted that the applicant has been falsely implicated in the

matter. However, in view of the criminal antecedents, 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 the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and three more criminal cases of similar in nature have been

registered against him.

Considering the period of detention as well as quantity of

THE HIGH COURT OF MADHYA PRADESH MCRC-49923-2021 Ramesh Vs. State of MP

country made liquor seized from the possession of the applicant, this

Court is of the considered opinion that the applicant may be granted

bail only on 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.1,00,000/- (Rupees One Lac) 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

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 Abhi ABHISHEK CHATURVEDI 2021.11.12 15:12:05 +05'30'