Wale @ Mahawal Singh Bhadouriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 8002 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 17th OF JUNE, 2022

      MISCELLANEOUS CRIMINAL CASE NO.24020 OF 2022

       Between:-

       WALE    @  MAHAWAL SINGH
       BHADAURIYA S/O     PAHALWAN
       SINGH BHADOURIYA, AGED 52
       YEARS,          OCCUPATION:
       AGRICULTURIST,   R/O   GRAM
       MASURI POLICE STATION- PAWAI,
       DISTRICT-  BHIND     (MADHYA
       PRADESH)
                                                                ........APPLICANT

       (BY SHRI PRADEEP KATARE- ADVOCATE)

       AND

       STATE OF MADHYA                      PRADESH
       THROUGH    POLICE                    STATION-
       PAWAI,   DISTRICT-                     BHIND
       (MADHYA PRADESH)

                                                             ........RESPONDENT

       (BY SHRI RAJEEV UPADHAYAY- PUBLIC PROSECUTOR)

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

Case diary is available.

This Second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 04/04/2022 passed in MCRC No.16529/2022.

The applicant has been arrested on 28/02/2022 in connection with Crime No.39/2018 registered at Police Station- Pawai, District- Bhind (M.P.) for offence under Sections 34(2) and 49-A of M.P. Excise Act.

It is submitted by the counsel for the applicant that it is true that the applicant was absconding for last four years and on search of the premises huge quantity of O.P. liquor i.e. 270 liters, manufacturing equipment etc. were seized but he is in jail from 28/02/2022 i.e. approximately four months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that he is ready and willing to abide by any stringent condition including that of furnishing cash surety.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant was absconding for last four years but he has criminal history and one more offfence under Sections 341, 294 and 323 of IPC was registered against him.

Considering the period of detention as well as the fact that applicant was absconding for the last four years, this Court is of the considered opinion that he can be granted bail only on furnishing cash surety. Accordingly, without commenting upon 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 Lac

Only) 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 & 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 Abhi ABHISHEK CHATURVEDI 2022.06.20 20:28:48 +05'30'