Prashant Sikarwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 970 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 967/2022 (PRASHANT SIKARWAR Vs STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 20/01/2022

Shri Arshad Ali, 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 29.11.2021 in connection

with Crime No.106/2021 registered at Police Station Karariya

Chouraha Distt. Vidisha for offence under Section 34(2) of Excise

Act.

It is submitted by Counsel for the applicant that according to

the prosecution case, 200 liters of illicit liquor has been seized from a

four wheeler which was being driven by the applicant. The applicant

is in jail from 29.11.2021 i.e. more than one and a half months. Since

the applicant has criminal history, he 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 prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that one more offence of similar nature

THE HIGH COURT OF MADHYA PRADESH MCRC No. 967/2022 (PRASHANT SIKARWAR Vs STATE OF MADHYA PRADESH)

has been registered against applicant.

Considering the period of detention as well as criminal

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

that the bail can be granted only on stringent condition.

Accordingly, 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.2,00,000/- (Rupees

Two 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.

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. 967/2022 (PRASHANT SIKARWAR 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 2022.01.21 10:44:35 +05'30'