Madhya Pradesh High Court
Babulal Jatav vs The State Of Madhya Pradesh on 21 April, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19265/2022
(BABULAL JATAV VS. STATE OF M.P.)
Gwalior, Dated : 21/04/2022
Shri Deependra Singh Kushwah, learned counsel for the
applicant.
Shri C.P.Singh, learned counsel for the State.
Case diary is available.
This second repeat application under Section 439 of Cr.P.C.
has been filed for grant of bail. First bail application of the applicant
was dismissed as withdrawn by order dated 24/02/2022 passed in
MCRC No.9715/2022.
The applicant has been arrested on 23/01/2022 in connection
with Crime No.24/2022 registered at Police Station Dehat Sheopur,
District Sheopur for offence under Section 483 of IPC and Section
34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, 414 of liters of English Royal Classic
Whiskey has been seized from the possession 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.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that the applicant has a criminal
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19265/2022
(BABULAL JATAV VS. STATE OF M.P.)
history and one more offence under Section 19/54 of M.P. Excise Act,
has been registered in Police Station Albar (Rajasthan). According to
the prosecution case, the applicant was illegally bringing the above
mentioned huge quantity of English Royal Classic Whiskey from
Rajasthan, therefore, it is not only an offence is also a case of causing
financial loss to the State of M.P.
However, looking to the period of detention as well as the fact
that the applicant is the resident of Albar (Rajasthan) and he was
caught within the State of M.P. along with the liquor, he can be
granted bail only on stringent condition 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) 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19265/2022
(BABULAL JATAV VS. STATE OF M.P.)
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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.04.21
16:10:12 -07'00'
