Sanjay vs The State Of Madhya Pradesh
2022 Latest Caselaw 2080 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.6811/2022 (SANJAY VS. STATE OF M.P.)

Gwalior, Dated : 15/02/2022

Shri D.D.Sharma, learned counsel for the applicant.

Shri Rajeev Upadhyay, learned counsel for the State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 10/01/2022 in connection

with Crime No.11/2022 registered at Police Station Piprai, District

Ashoknagar for offence under Section 34(2) of M.P. Excise Act.

According to the prosecution case, 65 bulk liters of country

made liquor was seized from the possession of the applicant. The

applicant has a criminal history and out of two more criminal cases,

one was registered under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that in view of

criminal antecedents, the applicant is ready and willing to abide by

any stringent condition, which may be imposed by this Court. 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 by the counsel for the State that

the applicant has a criminal history and out of two more criminal

cases, one was registered under Section 34(2) of M.P. Excise Act.

THE HIGH COURT OF MADHYA PRADESH MCRC No.6811/2022 (SANJAY VS. STATE OF M.P.)

Considering the period of detention as well as the criminal

antecedents of the applicant, this Court is of the considered opinion

that he can be granted bail only on stringent condition 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.6811/2022 (SANJAY 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: 2022.02.15
   14:29:02 -08'00'