Mahesh Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4006 MP

                           1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.13059/2022
               Mahesh Kumar vs. State of M.P.

Gwalior, Dated : 23/03/2022

      Shri Prasun Maheshwari, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the respondent/State.

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 as

withdrawn by order dated 25.1.2022 passed in M.Cr.C.No.4212/2022.

The applicant has been arrested on 7.1.2022 in connection with

Crime No.253/2021 registered by Police Station Chinor, District

Gwalior for offence punishable under Section 34(2) of Excise Act.

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

the prosecution case, 60 bulk litres of country made liquor has been

seized from the possession of the applicant. 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 opposed by the counsel for the

respondent/State. It is submitted by the counsel for the State that the

applicant has a criminal history and one more offence under M.P.

Excise Act has been registered.

Considering the facts and circumstances of the case 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.1,00,000/- (Rupees One Lac Only) or in the alternative

THE HIGH COURT OF MADHYA PRADESH MCRC No.13059/2022 Mahesh Kumar vs. State of M.P.

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

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 2022.03.23 16:14:57 +05'30'