Smt. Seema Kanjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4204 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.14466/2022 (SMT. SEEMA KANJAR VS. STATE OF M.P.)

Gwalior, Dated : 25/03/2022

Shri Suraj Bahn Lodhi, learned counsel for the applicant.

Shri Rajiv Upadhyay, learned counsel for the State.

Case diary is available.

This is second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First application of the applicant was

dismissed as withdrawn by order dated 24/02/2022 passed in MCRC

No.8454/2022.

The applicant has been arrested on 07/02/2022 in connection

with Crime No.61/2022 registered at Police Station Picchore, District

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

According to the prosecution case, 60 bulk liters of country

made liquor has been seized from the possession of the applicant. It

is true that earlier two offences under Section 34 of M.P. Excise Act

were also registered against her in which she has been saddled with

fine. It is submitted that in view of her criminal antecedents, she is

ready and willing to abide by any stringent condition, which may be

imposed by this Court including that of furnishing cash surety. The

Trial is likely to take sufficiently long time and there is no possibility

of her absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State.

THE HIGH COURT OF MADHYA PRADESH MCRC No.14466/2022 (SMT. SEEMA KANJAR VS. STATE OF M.P.)

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) 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.

Certified copy as per rules.

                                                                     (G.S. Ahluwalia)
Pj'S/-                                                                     Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.25
         16:24:44 -07'00'