Mahendra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3877 MP

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            THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.12198/2022
                Mahendra Sharma vs. State of M.P.

Gwalior, Dated : 21/03/2022

      Shri Devansh Mishra, Counsel for the applicant.

      Shri C.P. Singh, Counsel for respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed

for grant of bail.

The applicant has been arrested on 13.2.2022 in connection with

Crime No.68/2022 registered at Police Station Dehat Basoda, District

Vidisha for offence under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, 55.800 bulk litres of country made liquor was

seized from the possession of the applicant. In view of the criminal

antecedents of the applicant, he is ready and willing to abide by any

stringent condition which may be imposed by the Court. 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 the applicant has

a criminal history and six more criminal cases have been registered

against him including one under Section 49-A of M.P. Excise Act. It is

further conceded that all other offences are not of any heinous crime.

Considering the period of detention as well as considering the

fact that the applicant has a criminal history and as many as six more

THE HIGH COURT OF MADHYA PRADESH MCRC No.12198/2022 Mahendra Sharma vs. State of M.P.

criminal cases have been registered including one under Section 49-A

of M.P. Excise Act, this Court is of the considered opinion that the

applicant can be granted bail only on stringent condition of furnishing

cash surety. Accordingly, the application is allowed. It is directed that

the applicant shall be released on bail on furnishing cash surety of

Rs.1,50,000/- (Rupees One Lac Fifty Thousand 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 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 (alok)

ALOK KUMAR 2022.03.22 10:10:32 +05'30'