Manish vs The State Of Madhya Pradesh
2022 Latest Caselaw 3678 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.11215/2022 (MANISH VS. STATE OF M.P.)

Gwalior, Dated : 15/03/2022

Shri Sunil Kumar Dubey, learned counsel for the applicant.

Shri P.P.S.Bajitha, learned counsel for the State.

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Second bail application of the applicant

was dismissed by order dated 16/02/2022 passed in MCRC

No.8706/2022.

The applicant has been arrested on 13/12/2021 in connection

with Crime No.24/2021 registered at Police Station Indargarh,

District 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.

The applicant is ready and willing to abide by any stringent condition

which may be imposed by the Court. It is further submitted that co-

accused Bhura @ Radheshyam has already been granted bail by this

Court by order dated 09/03/2022 passed in MCRC No.10101/2022.

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.

Considering the period of detention and without commenting

THE HIGH COURT OF MADHYA PRADESH MCRC No.11215/2022 (MANISH VS. STATE OF M.P.)

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.

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)
Pj'S/-                                                                       Judge

Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.15
15:29:16 -07'00'