Mahendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1563 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C.5622/2022
               Mahendra Singh Vs. State of M.P.

                    Through video conferencing

Gwalior, Dated: 03.02.2022

      Shri Pooran Kulshreshtha, Counsel for the applicant.

      Shri R.K. Awasthy, Counsel for the State.

      Case diary is available.

      This first bail application under Section 439 of Cr.P.C. has

been filed for grant of bail.

      The applicant has been arrested on 24.11.2021 in connection

with Crime No.760/2021 registered at Police Station Jaura Distt.

Morena for offences under Section 34 (2) of M.P. Excise Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, 61.740 bulk litres of country made liquor has

been seized from the possession of the applicant. It is submitted that

in view of criminal antecedents, he is ready and willing to abide by

any stringent condition which may be imposed by the Court

including that of furnishing cash surety. The applicant is in jail for

the last 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 opposed by the counsel for the

respondent/State. It is submitted that applicant has a criminal history

and one more offence under M.P. Excise Act has been registered

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.5622/2022 Mahendra Singh Vs. State of M.P.

against the applicant.

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. 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 M.Cr.C.5622/2022 Mahendra Singh 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 ar

ABDUR RAHMAN 2022.02.03 17:09:42 +05'30'