Kuntibai vs The State Of Madhya Pradesh
2022 Latest Caselaw 8334 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 23rd OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 28772 of 2022

        Between:-
        KUNTIBAI W/O SHRI GOURISHANKAR, AGED 28
        Y E A R S , CASTE  SANSI,  OCCUPATION:
        HOUSEWIFE, R/O VILLAGE BHARATPURA,
        POLICE STATION MUNGAWALI, DISTRICT
        ASHOKNAGAR (MADHYA PRADESH)

                                                                   .....APPLICANT
        (BY SHRI ANSHU GUPTA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION MUNGAWALI, DISTRICT
        ASHOKNAGAR (MADHYA PRADESH)

                                                                .....RESPONDENT
        (BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR FOR THE
        STATE)

      This application coming on for hearing this day, the court passed the
following:
                                    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 26.4.2022 passed in M.Cr.C.No.20674/2022.

The applicant has been arrested on 8.4.2022 in connection with Crime No.03/2022 registered at Police Station Mungawali (Excise), District Ashoknagar for offence under Section 34(2) of Excise Act.

It is submitted by the counsel for the applicant that the applicant is in jail

from 8.4.2022 i.e. from two and half months. 56 litres of country made liquor was seized from her possession. In view of the fact that the applicant has a criminal history and seven more cases of similar in nature have been registered against her, she 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 her 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 applicant has a criminal history and seven more offences of similar in nature were registered against the applicant. Out of which,

in three cases she has already been convicted and fine was imposed.

Considering the period of detention as well as the criminal antecedents of the applicant, the bail can be granted only on stringent condition of furnishing cash surety. Accordingly, 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 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 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.24 17:28:22 +05'30'