Madhya Pradesh High Court
Atto @ Atar Singh vs The State Of Madhya Pradesh on 21 June, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 21st OF JUNE, 2022
MISCELLANEOUS CRIMINAL CASE NO. 28736 of 2022
Between:-
ATTO @ ATAR SINGH S/O SHRI
RAMCHARAN YADAV, AGE : 40
YEARS, OCCUPATION : KRISHI,
R/O VILLAGE KULETH, DISRICT
GWALIOR (MADHYA PRADESH)
........APPLICANT
(BY SHRI SAMAR GHURAIYA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION
TIGHRA DISTRICT GWALIOR
(MADHYA PRADESH)
........RESPONDENT
(BY SHRI RAJEEV UPADHYAY - ADVOCATE)
----------------------------------------------------------------------------------------
This application coming on for hearing this day, the Court passed
the following:
2
ORDER
Case diary is available.
This second application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 14.04.2022 in connection with
Crime No.40/2022 registered at Police Station Tighra District Gwalior
for offence under Section 49(a) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, 9 liters of country made liquor which is alleged to
be unfit for human consumption has been seized. The applicant is in jail
from 14.04.2022. First application was dismissed by order dated
07.05.2022 passed in M.Cr.C. No.21561/2022 with liberty to revive the
prayer after undergoing some reasonable period of detention. FSL report
has not been received and in view of the fact that one more offence under
Section 34 of M.P. Excise Act was registered against him, he is ready and
willing to abide by any stringent condition which may be imposed by the
Court.
Per contra, the application is vehemently opposed by the counsel
for the State. However, it is fairly conceded that FSL report has not been
received.
Considering the period of detention, coupled with the fact that the
FSL report has not been received, but the applicant has a criminal history
and one more offence under Section 34 of M.P. Excise Act was
registered, this Court is of the considered opinion that the applicant can
be granted bail only on the stringent condition of furnishing cash surety.
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.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. If the title deeds are deposited, then the same shall not be returned
unless the cash surety amount is deposited.
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
2022.06.22
18:51:32 +05'30'
