Mahendra Singh Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 8880 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 4th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 28790 of 2022

        Between:-
        MAHENDRA        SINGH    RAWAT     S/O
        PREETAMSINGH RAWAT , AGED ABOUT 55
        YEAR S , VILL BELA PS KARHIYA (MADHYA
        PRADESH)

                                                             .....APPLICANT
        (BY SMT. UMA KUSHWAH - ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION P.S. KARHIYA (MADHYA
        PRADESH)

                                                          .....RESPONDENTS
        (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)

      This application coming on for hearing this day, the court passed the
following:
                                  ORDER

Case diary is available.

This is second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application was dismissed by order dated 18.05.2022 passed in M.Cr.C.No.25630/22.

The applicant has been arrested on 30.04.2022 in connection with Crime No.72/2022 registered by Police Station Karhiya District Gwalior for offence punishable 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 was seized from the

possession of the applicant. First bail application was dismissed in the light of the fact that the applicant is having three more criminal cases of similar in nature registered against him. It is submitted that the applicant is in jail for the last more than two months. The trial is likely to take sufficient time. In view of the criminal antecedents, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. 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 the minimum sentence of offence under Section 34(2) of M.P. Excise Act is one year and the applicant has criminal history of three cases.

Considering the period of detention as well as the criminal antecedent of the applicant, the application can be considered only on stringent condition 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) 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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE mani

SUBASRI MANI 2022.07.04 19:22:45

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