Banti @ Ramganesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 239 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.63423/2021
              (Banti @ Ramganesh Vs. State of M.P.)

Gwalior, Dated: 05.01.2022

        Shri G.S. Sharma, Counsel for the applicant.

        Shri R.K. Awasthi, 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 09.09.2021 in connection

with Crime No.128/2021 registered at Police Station Veerpur, Distt.

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

        It is submitted by the Counsel for the applicant that according

to the prosecution case, 54 bulk liters of country made liquor has

been seized from the possession of applicant. He has been falsely

implicated in the offence. The applicant is in jail from 09.09.2021

and in view of the criminal antecedents, he is ready and willing to

abide by all the stringent conditions 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 that there is a criminal history of

the applicant and as many as eleven cases have been registered

against him, out of which two cases are registered under Section 34
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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.63423/2021
            (Banti @ Ramganesh Vs. State of M.P.)

(2) of M.P. Excise Act.

      Considering the facts and circumstances of the case as well as

period of detention 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.

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.63423/2021 (Banti @ Ramganesh 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.

CC as per rules.

(G.S. Ahluwalia) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2022.01.05 17:23:09 -08'00'