Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 2 February, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5533/2022
(MANOJ VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 02/02/2022
Shri M.L.Tomar, learned counsel for the applicant.
Shri Avdhesh Parashar, 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was dismissed as withdrawn by order dated 05/01/2022 passed in
MCRC No.63763/2021.
The applicant has been arrested on 27/11/2021 in connection
with Crime No.767/2021 registered at Police Station Civil Line,
District Morena for offence under Section 34(2) of M.P. Excise Act.
According to the prosecution case 90 bulk liters of English
liquor was seized from the possession of the applicant. The applicant
has a criminal history and six more criminal cases have been
registered against him for offence under Section 34 and 34(2) of M.P.
Excise Act, out of which fine amount has been imposed in four cases.
Looking to the criminal antecedents of the applicant, it is submitted
that Whiskey was seized from the possession of the applicant and in
view of the criminal antecedents, he is ready and willing to furnish
cash surety. He is in jail from 27/11/2021. The Trial is likely to take
sufficiently long time and there is no possibility of his absconding or
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5533/2022
(MANOJ VS. STATE OF M.P.)
tampering with the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that the applicant is a history
sheeter and six more criminal cases have been registered against him
under M.P. Excise Act.
Considering the period of detention as well as considering the
concessional statement made by the counsel for the applicant 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. If, the title deeds are deposited, then the same
shall not be returned unless the cash 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.5533/2022
(MANOJ 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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2022.02.02
16:40:11 -08'00'
