Vijay Singh Panwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8421 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. 29146 of 2022

        Between:-
        VIJAY SINGH PANWAR S/O SHRI FATEH SINGH
        PANWAR, AGED - 35 YEARS, OCCUPATION:
        PRIVATE SERVICE, R/o VASU PS KURAWAD
        DISTRICT UDAIPUR RAJASTHAN (RAJASTHAN)

                                                              .....APPLICANT
        (SHRI MEHMOOD KHAN-COUNSEL FOR APPLICANT)

        AND

        STATE OF M.P. THROUGH ITS POLICE STATION
        PANIHAR DISTRICT GWALIOR (MADHYA
        PRADESH)

                                                            .....RESPONDENT
        (SMT. ANJALI GYANANI-COUNSEL FOR 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 05.05.2022 passed in M.Cr.C. No.20591/2022.

The applicant has been arrested on 07.04.2022 in connection with Crime No.40/2022 registered at Police Station Panihar district Gwalior for offence under Section 34 (2) of Excise Act, and Section 279, 337 of IPC.

It is submitted by Counsel for applicant that two cars were stopped. On search, total liquor worth Rs.1,37,000/- & liquor worth Rs. 3,00,000/- were

seized from both the cars. The applicant was driving one of the cars. The first bail application was dismissed with liberty to revive the prayer after undergoing some reasonable period of detention. The applicant is in jail for more than two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel for the State. It is submitted that although the applicant has no criminal history but he was working for his master/co-accused who has a criminal history of 17 cases. Further more the applicant is the resident of Udaipur (Rajasthan), therefore, it is also possible the he may not appear before the Trial Court after he is released

on bail.

Considering the period of detention as well as the apprehension expressed by Counsel for State, the application can be allowed only on the stringent condition of furnishing cash surety.

Accordinlgy, 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 Lacs 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 Aman AMAN TIWARI 2022.06.24 17:29:38 +05'30'