Jagdish Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1629 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.4610/2022
             (Jagdish Vishwakarma Vs. State of M.P.)

                    Through video conferencing

Gwalior, Dated: 04.02.2022

       Shri S.K. Dubey, Counsel for the applicant.

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

       Case diary is available.

       It is submitted by the counsel for the applicant that yesterday

he has removed the default.

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

filed for grant of bail.

       The applicant has been arrested on 12.01.2022 in connection

with Crime No.07/2022 registered at Police Station Mayapur, Distt.

Shivpuri for offence under Section 34(2) of Excise Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, 60 bulk liters of country made liquor has

been seized from the possession of the applicant. The applicant is in

jail since 12.01.2022 and he is an innocent person and has been

falsely implicated. 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 further submitted that the applicant has a

criminal history and one more offence under Section 34(2) of Excise
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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.4610/2022
            (Jagdish Vishwakarma Vs. State of M.P.)

Act was registered against him in the year 2012.

      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) 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

18.03.2021

in Criminal Appeal No. 329/2021, the intimation

THE HIGH COURT OF MADHYA PRADESH MCRC No.4610/2022 (Jagdish Vishwakarma Vs. State of M.P.)

regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2022.02.04 15:11:41 -08'00'