Gautam Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8420 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 24th OF JUNE, 2022

               MISC. CRIMINAL CASE No. 28408 of 2022

        Between:-
        GAUTAM JATAV S/O SHRI BALKISHAN JATAV,
        AGED 30 YEARS, OCCUPATION: LABOUR, R/O
        VILLAGE DHOULGADH, POLICE STATION-
        SUBHASHPURA, DISTRICT- SHIVPURI (MADHYA
        PRADESH)

                                                                .....APPLICANT
        (BY SHRI RAJENDRA SINGH YADAV- ADVOCATE )

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION-SUBHASHPURA, DISTRICT-
        SHIVPURI (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SMT. ANJALI GYANANI- PUBLIC PROSECUTOR)

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

Case Diary is available.

This is second application filed under Section 439 of Cr.P.C. for grant of bail. First application was dismissed by order dated 27/04/2022 passed in MCRC No.20767/2022.

The applicant has been arrested on 08/04/2022 in connection with Crime No.52/2022 registered by Police Station- Subhashpura, District- Shivpuri (M.P.) for offence punishable under Sections 34(2) & 49-A of the M.P. Excise Act and Sections 146/196, 3/181 and during investigation further added sections

56/192 and 115/190 of the Motor Vehicles Act.

I t is submitted by the counsel for the applicant that according to the prosecution case, the applicant is the driver of an Auto rickshaw in which co- accused was traveling with 60 bulk liters of county made liquor which is found unfit for human consumption. The applicant is in jail for last two and a half months but FSL report is not available. He is ready and willing to abide by any stringent condition which may be imposed by this 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 the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the

respondent/State. It is submitted that FSL report has not been received so far.

Considering the facts and circumstances of the case 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.1,00,000/- (Rupees One Lac 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 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 rahul

RAHUL SINGH PARIHAR 2022.06.24 17:29:56 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'