Sangram vs The State Of Madhya Pradesh
2022 Latest Caselaw 788 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-2858-2022 Sangram Vs. State of MP

Through video conferencing

Gwalior, Dated : 17.01.2022

Shri Devendra Kumar Sharma, Counsel for the applicant.

Shri Naval Kishore Gupta, Counsel for the State.

Case Diary is not available.

This second application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 14.10.2021 in connection with

Crime No.100/2021 registered at Police Station Vijaypur Distt. Guna for

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

It is submitted by the counsel for the applicant that according to the

prosecution case, 64 bulk liters of country made liquor has been seized

from the possession of the applicant. While deciding first bail application

of the applicant, i.e., M.Cr.C. No.55713/2021, this Court had noticed that

one more offence under Section 34(2) of M.P. Excise Act has been

registered against the applicant. It is submitted that in view of the criminal

antecedents, the applicant is ready and willing to abide by any stringent

condition which may be imposed by the Court including that of furnishing

cash surety. 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 he is not in a

position to make a statement as to whether the applicant has criminal

THE HIGH COURT OF MADHYA PRADESH MCRC-2858-2022 Sangram Vs. State of MP

history or not, but fairly conceded that while rejecting first bail application,

the Public Prosecutor had made a statement that the applicant has one more

criminal case of similar in nature.

Considering the facts and circumstances of the case, 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) 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 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 Abhi ABHISHEK CHATURVEDI 2022.01.18 10:37:11 +05'30'