Mahesh Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 3879 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.13699/2022
                 Mahesh Lodhi vs. State of M.P.

Gwalior, Dated : 21/03/2022

      Shri Rahul Bansal, Counsel for the applicant.

      Shri Rajeev Upadhyay, 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 24.02.2022 in connection

with Crime No.149/2021 registered at Police Station Pathariya,

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

It is submitted by the counsel for the applicant that according

to the prosecution case, 63 bulk litres of country made liquor was

found in possession of the applicant. The applicany is in jail from

24.2.2022. Earlier he was released by giving a notice under Section

41-A of Cr.P.C. snd, therefore, he should not have been sent to jail

after the charge sheet was filed. However, in view of criminal

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

stringent condition which may be imposed by the Vourt.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and three more offences of similar in nature were registered

against him.

Considering the criminal antecedents of the applicant, this

THE HIGH COURT OF MADHYA PRADESH MCRC No.13699/2022 Mahesh Lodhi vs. State of M.P.

Court is of the considered opinion that the applicant can be granted

bail only on stringent condition of furnishing cash surety.

Accordingly, 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.2,00,000/- (Rupees

Two Lacs Only) 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.

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 case, the title deeds have been deposited,

then the same shall not be returned unless and until the surety

amount is deposited.

In the light of the judgment passed by the Supreme Court in

THE HIGH COURT OF MADHYA PRADESH MCRC No.13699/2022 Mahesh Lodhi vs. State of M.P.

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 2022.03.21 18:33:32 +05'30'