Parmal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1514 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2016/2022 (PARMAL SINGH Vs STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 02/02/2022

Shri Mohit Shivhare, Counsel for applicant.

Shri Santosh Kumar Sharma, 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dated 04.12.2021 passed in M.Cr.C. No.58613/2021 as withdrawn.

The applicant has been arrested on 09.11.2021 in connection

with Crime No.477/2020 registered by Police Station - Purani

Chhawni, Lashkar, District Gwalior for offence punishable under

Sections 419, 420 of IPC and Sections 34 (2), 49 (a) of M.P. Excise

Act.

It is submitted by Counsel for the applicant that according to the

prosecution case, 100 liters of O.P. and 54 liters of liquor along-with

chemicals and packing material were seized from the tube-well of

applicant. It is submitted that the applicant is an old person aged about

66 years. He is in jail from 09.11.2021 i.e. approximately three

months. The trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that 100 liters of O.P was seized. O.P is

concentrated form of spirit which is used for making illicit liquor by

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2016/2022 (PARMAL SINGH Vs STATE OF MADHYA PRADESH)

diluting the same. Thus, it is not a case of recovery of 154 liters of

illicit liquor but the applicant would have manufacture at-least 1000

liters of illicit liquor by diluting 100 liters of O.P. However, it is fairly

conceded that as per the arrest memo, the age of the applicant is 66

years. He has no criminal history.

Considering the age of applicant and the quantity of O.P as well

as packing material seized from the tube-well of applicant, 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.1,50,000/- (Rupees One Lac Fifty Thousand 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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2016/2022 (PARMAL SINGH Vs STATE OF MADHYA PRADESH)

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 & 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 2022.02.02 16:39:10 +05'30'