Madhya Pradesh High Court
Chironji Lal Jatav vs The State Of Madhya Pradesh on 3 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC-9597-2022
Chironji Lal Jatav Vs. State of MP
Gwalior, Dated : 03.03.2022
Ms. Kalpana Gupta, Counsel for the applicant.
Shri C.P. Singh, Counsel for the State.
Case Diary is available.
This second application under Section 439 of CrPC has been
filed for grant of bail. First bail application of the applicant was
dismissed as withdrawn by order dated 31.01.2022 passed in M.Cr.C.
No.4969/2022.
The applicant has been arrested on 24.12.2021 in connection
with Crime No.105/2021 registered at Police Station Bargawan Distt.
Sheopur for offence under Section(s) 34(2) and 49(A) of M.P. Excise
Act.
According to the prosecution case, 57 bulk liters of country
made liquor has been seized from the possession of the applicant. First
bail application was rejected with liberty to revive after undergoing
some reasonable period of detention as the applicant has criminal
antecedents. According to Shri C.P. Singh, 4 more criminal cases were
registered against the applicant. Out of which, one was registered in
the year 2009 for offence under Sections 341, 294 of IPC which came
to an end on the basis of compromise. Another offence was registered
in the year 2015 for offence under Sections 323, 294, 506-B, 34 of
IPC and which also concluded on the basis of compromise. Third
THE HIGH COURT OF MADHYA PRADESH
MCRC-9597-2022
Chironji Lal Jatav Vs. State of MP
offence was registered under Section 34(2) of M.P. Excise Act and a
fine of Rs.1,000/- was imposed. Fourth offence under Section 34(2) of
M.P. Excise Act was registered, which is still pending and the present
is the fifth criminal case.
Per contra, the application is vehemently opposed by the
counsel for the State.
In view of the fact that out of four criminal cases, two offences
were registered under M.P. Excise Act, this Court is of the considered
opinion that the applicant can be granted bail only on the stringent
condition of furnishing cash surety. Accordingly, considering the
period of detention, 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.100,000/- (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.
THE HIGH COURT OF MADHYA PRADESH
MCRC-9597-2022
Chironji Lal Jatav Vs. State of MP
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
2022.03.03
14:53:54 +05'30'
