Sanjay @ Sanju vs The State Of Madhya Pradesh
2022 Latest Caselaw 4007 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.13327/2022
                Sanjay @ Sanju 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 The first application was dismissed as withdrawn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 24.1.2022 passed in M.Cr.C.No.3933/2022 with liberty to

revive the prayer after undergoing some reasonable period of detention.

The applicant has been arrested on 15.12.2021 in connection with

Crime No.344/2021 registered by Police Station Excise Circle Bhitarwar,

District Gwalior for offence punishable under Sections 34(1), 34(2),

49(a) of Excise Act.

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

the prosecution case, 1600 bulk litres of country made liquor was seized

as it was kept in a hidden condition by digging the land. It is submitted

that there is no evidence to show that the applicant is in possession of the

said Government land whereas the statements of the witnesses in this

regard are not trustworthy. The applicant is in jail from 15.12.2021. The

applicant has no criminal history. The trial is likely to take sufficiently

long time and there is no possibility of his absconding or tampering with

the prosecution case. In view of the fact that the applicant was

absconding for near about 12 months as well as the alleged quantity of

liquor he is ready and willing to abide by any stringent condition which

may be imposed by the Court.

THE HIGH COURT OF MADHYA PRADESH MCRC No.13327/2022 Sanjay @ Sanju vs. State of M.P.

Per contra, the application is opposed by the counsel for the

respondent/State. It is fairly conceded by the counsel for the State that

the applicant has no criminal history.

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.2,00,000/- (Rupees Two 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 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 18:01:03 +05'30'