Madhya Pradesh High Court
Monu @ Munendra vs The State Of Madhya Pradesh on 22 April, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.18015/2022
Monu @ Munendra vs. State of M.P.
Gwalior, Dated : 22/04/2022
Shri Sunil Kumar Dubey, Counsel for the applicant.
Shri C.P. Singh, Counsel for the respondent/State.
Case diary is available.
This fourth application under Section 439 of Cr.P.C. has been
filed for grant of bail. The third application was dismissed by order
dated 15.3.2022 passed in M.Cr.C.No.12891/2022.
The applicant has been arrested on 24.11.2021 in connection
with Crime No.502/2020 registered at Police Station Jaura, District
Morena for offence under Sections 34(2), 49(A) of Excise Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, one drum filled with 200 liters of OP liquor
worth Rs.60,000/- (concentrated form of liquor), 50 boxes of country
made liquor worth Rs.1,45,000/-, 7 boxes of Masala Sharab worth
Rs.25,000/-, one packing machine worth Rs.45,000/-, 3 gunny bags
containing empty quarters worth Rs.25,000/-, capes worth Rs.1,000/-,
measuring apparatus worth Rs.3,000/- were seized. It is submitted that
it is true that the applicant could be arrested only after one and half
years of the incident but he is in jail for the last five months. In view
of his criminal history, the applicant 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.18015/2022
Monu @ Munendra vs. State of M.P.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. It is submitted that the applicant has
a criminal history and two more offences of similar in nature have
been registered against him.
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 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 and others Vs. State of M.P. Passed on
THE HIGH COURT OF MADHYA PRADESH
MCRC No.18015/2022
Monu @ Munendra vs. State of M.P.
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
(alok)
ALOK KUMAR
2022.04.22 16:02:54 +05'30'
