Madhya Pradesh High Court
Bhura @ Radhyeshyam vs The State Of Madhya Pradesh on 9 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 10101/2022
(BHURA @ RADHYESHYAM Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 09/03/2022
Shri Sushil Goswami, Counsel for applicant.
Smt. Anjali Gyanani, Counsel for State.
At the outset, it is submitted by Counsel for applicant that the
default pointed out by the Office has been cured.
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 28.01.2022 passed in M.Cr.C. No.2692/2022.
The applicant has been arrested on 13.12.2021 in connection
with Crime No.24/2021 registered at Police Station Indargarh Distt.
Datia for offence under Sections 34 (2) of M.P. Excise Act.
It is submitted by Counsel for applicant that according to the
prosecution case, 1500 bulk liters of country made liquor was seized.
In view of the criminal antecedents of the applicant according to
which two more offences of similar nature have been registered
against him, he 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 his absconding or tampering with
prosecution case.
Per contra, the application is vehemently opposed by Counsel
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 10101/2022
(BHURA @ RADHYESHYAM Vs THE STATE OF MADHYA PRADESH)
for the State. It is submitted that not only 1500 bulk liters of country
made liquor was seized but the applicant has criminal history and two
more offences of similar nature have been registered against him.
Considering the period of detention 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.3,00,000/- (Rupees Three 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.
Office to verify that the default as pointed out by it has been
cured or not. If it is found that the default as pointed out by the
Office has not been cured, then this order shall automatically
come to an end, and the office shall not issue the certified copy.
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
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 10101/2022
(BHURA @ RADHYESHYAM Vs THE STATE OF MADHYA PRADESH)
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
2022.03.10
14:32:24 +05'30'
