Ramji Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 7153 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 11th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 23220 of 2022

         Between:-
         RAMJI KUSHWAH S/O LATE SHRI ROOP SINGH
         KUSHWAH, AGED 25 YEARS, OCCUPATION:
         MAZDOORI, R/O NEHRU PETROL PUMP KE
         SAMNE SABJI MANDI LAXMIGANJ LASHKAR,
         DISTRICT GWALIOR (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI MANOJ CHATURVEDI- ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION JANAKGANJ, DISTRICT
         GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENT
         (BY SMT. ANJALI GYANANI - ADVOCATE )

       This application coming on for hearing this day, the court passed the
following:
                                    ORDER

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 13/02/2022 in connection with Crime No.155/2022 registered at Police Station Janakganj, District Gwalior for offence under Section 49-A of M.P. Excise Act.

I t is submitted by the counsel for the applicant that according to the prosecution case 5 liters of country made liquor has been seized from the

possession of the applicant. Although, according to the prosecution case, the said liqour was unfit for human consumption, but the FSL report has not been received. The applicant is in jail from 13/02/2022. So far as the criminal antecedents of the applicant is concerned, it is true that 10 more criminal cases have been registered against him, but in most of the cases, he has already been acquitted and has filed copies of some of the judgments passed in previously instituted criminal cases. In the light of the criminal history, the applicant is ready and willing to abide by any stringent condition, which may be imposed by this 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 State. However, it is fairly conceded that the FSL report has not been received.

Considering the fact that the applicant is in jail near about 3 months, but considering his criminal antecedents, this Court is of the considered opinion that he can be granted bail only on stringent condition of furnishing cash surety, 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) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.11 15:08:58 -07'00'