Madhya Pradesh High Court
Gurindra vs The State Of Madhya Pradesh on 4 February, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6205/2022
(GURINDER VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 04/02/2022
Shri M.M.Tripathi, learned counsel for the applicant.
Shri A.K.Nirankari, 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 by order dated 24/01/2022 passed in MCRC
No.2701/2022.
The applicant has been arrested on 03/01/2022 in connection
with Crime No.258/2021-2022 registered by Police Station Excise
Police P.S. Mungawali, District Ashoknagar for offence punishable
under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that the
applicant is in jail for the last more than one month. 70 bulk liters of
country made liquor was seized from the possession of the applicant.
In view of the fact that he was convicted in a previously instituted
case under Section 34 of M.P. Excise Act, he is ready and willing to
abide by any stringent condition, which may be imposed by this
Court including that of furnishing cash surety of Rs.1,00,000/-. The
Trial is likely to take sufficiently long time and there is no possibility
of his absconding or tampering with the prosecution case.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6205/2022
(GURINDER VS. STATE OF M.P.)
Per contra, the application is vehemently opposed by the
counsel for the State. However, it is submitted that the applicant has a
criminal history, one more offence under Section 34 of M.P. Excise
Act was registered against him.
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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.6205/2022
(GURINDER VS. STATE OF M.P.)
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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.02.04
15:05:16 -08'00'
