Pankaj Chohan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1560 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.5491/2022 Pankaj Chohan Vs. State of M.P

Through video conferencing

Gwalior, Dated: 03.02.2022

Shri Tajuddin Khan, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. Previous application was dismissed by order

dated 06.01.2022 passed in M.Cr.C. No. 64481/2021.

The applicant has been arrested on 15.12.2021 in connection

with Crime No.1393/2021 registered at Police Station City Kotwali

Distt. Morena for offence under Section 34 (2) and 47 (ka) of M.P.

Excise Act.

It is submitted by the counsel for the applicant that previous

application was withdrawn by order dated 06.01.2022 passed in

M.Cr.C. No. 64481/2021. According to the prosecution case 216

bulk liters of country made liquor was seized from the possession of

the applicant. He has been falsely implicated. He is ready and willing

to abide by any stringent condition which may be imposed by the

Court. He is in jail for the last approximately two months. 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 in the cause title the

applicant has given permanent address as Heeragadi, Post Visang,

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.5491/2022 Pankaj Chohan Vs. State of M.P

Police Station Chandraya, Distt. Hathras and he has also disclosed

that at present he is residing in the house of one Narain Singh

Parmar, village Diholi, Distt. Dholpur (Rajasthan). It is submitted

that, in case, if the applicant is released on bail, then there is every

possibility that he would not appear before the trial Court and would

abscond.

Considering the fact that 216 bulk liters of country made liquor

was seized from the possession of the applicant and the applicant has

not given his permanent address and the addresses shown in the

cause title are indicative of fact that he is claiming to be the resident

of two different States i.e. Uttar Pradesh and Rajasthan, therefore, in

order to ensure his appearance, he cannot be released on bail, except

on 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. 2,00,000/- (Rupees Two Lacs Only) 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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.5491/2022 Pankaj Chohan Vs. State of M.P

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 ar

ABDUR RAHMAN 2022.02.03 17:17:36 +05'30'