Govind Singh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 235 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 63368/2021 (GOVIND SINGH KUSHWAH Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 05/01/2022

Shri Shivam Savita, Counsel for applicant.

Shri Rajeev Upadhyay, 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 22.11.2021 in connection

with Crime No.229/2021 registered at Police Station - Excise,

District Ashok Nagar (M.P.), for offence under Section 34 (2) of

Excise Act.

It is submitted by Counsel for the applicant that according to

prosecution case, 68 bulk liters of country made liquor has been

seized from the possession of applicant. He is in jail from 22.11.2021.

The trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with prosecution case. In

view of the criminal antecedents of applicant, it is submitted that he is

ready and willing to abide by any stringent condition which may be

imposed by the Court including that of furnishing cash surety.

Per contra, the application is vehemently opposed by Counsel

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

four more criminal cases under Section 34 (2) of M.P. Excise Act

have been registered against him.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 63368/2021 (GOVIND SINGH KUSHWAH Vs STATE OF MADHYA PRADESH)

In view of the period of detention coupled with 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.1,50,000/- (Rupees One Lac Fifty

Thousand 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. In case, the title deeds have been deposited,

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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 63368/2021 (GOVIND SINGH KUSHWAH Vs STATE OF MADHYA PRADESH)

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 2022.01.05 17:17:31 +05'30'