Ashok Kanjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 166 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 64226/2021 (ASHOK KANJAR Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 04/01/2022

Shri S.K. Mishra, Counsel for applicant.

Shri A.K. Nirankari, Counsel for 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 29.07.2021 (appears to be

incorrectly mentioned in bail application) in connection with Crime

No.129/2021 registered at Police Station Amola, District Shivpuri for

offence under Sections 34 (2) of M.P. Excise Act.

It is submitted by Counsel for the applicant that according to

the prosecution case, two persons, namely, Saurabh and Mangal were

arrested and they were found in possession of 80 liters of country

made liquor. It is alleged that the confessional statement was made by

the co-accused persons that the country made liquor was supplied to

them by present applicant. It is submitted that the entire case is based

on the confessional statement of co-accused which is not admissible.

The applicant is in jail from 29.09.2021 on execution of production

warrant. In view of the criminal antecedents of applicant, he is ready

and willing to abide by any stringent condition which may be

imposed by the Court. The Trial is likely to take sufficiently long time

and there is no possibility of his absconding or tampering with

THE HIGH COURT OF MADHYA PRADESH MCRC No. 64226/2021 (ASHOK KANJAR Vs STATE OF MADHYA PRADESH)

prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that applicant has a criminal history and

15 criminal cases including two istgasa have been registered against

the applicant. The applicant is habitual in dealing with illicit liquor

and as many as 6 criminal cases under Section 34 (2) of M.P. Excise

Act and one under Section 49-A of M.P. Excise Act have been

registered apart from one offence under Section 307 of IPC.

Considering the period of detention as well as the criminal

history, the applicant can be granted bail only on the stringent

condition of 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.3,00,000/- (Rupees Three Lacs 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 64226/2021 (ASHOK KANJAR Vs STATE OF MADHYA PRADESH)

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. In case, the title deeds have been deposited,

then the same shall not be returned unless and until the surety amount

is deposited.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

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) Judge Aman AMAN TIWARI 2022.01.04 17:41:50 +05'30'