Nisar Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 13347 MP

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

                                 MISCELLANEOUS CRIMINAL CASE No. 47529 of 2022

                                  BETWEEN:-
                                  NISHAR KHAN S/O SHRI DIWAN KHAN, AGED
                                  ABOUT 30 YEARS, OCCUPATION: LABOUR, R/O:
                                  WARD NO.10, GORMI DISTRICT BHIND
                                  (MADHYA PRADESH)

                                                                                         .....APPLICANT
                                  (SHRI KUSHAGRA SHUKLA- ADVOCATE)

                                  AND
                                  STATE OF MADHYA PRADESH THROUGH
                                  POLICE STATION GORMI, DISTRICT BHIND
                                  (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                                  (SHRI RAJIV UPADHYAY- PUBLIC PROSECUTOR FOR THE
                                  STATE)

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

Case diary is available.

This third repeat application under Section 439 of CrPC has been filed for grant of bail. Second application of the applicant was dismissed as withdrawn by order dated 17/08/2022 passed in MCRC No.39348/2022.

The applicant has been arrested on 28/03/2022 in connection with Crime No.77/2022 registered at Police Station Gormi, District Bhind for offence under Sections 34(2), 49(A) and 42 of M.P. Excise Act.

It is submitted by the counsel for the applicant that the present

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-Oct-22 10:58:30 AM

application has been filed mainly on the ground of period of detention. The application is in jail for the last more than six months. According to the prosecution case, 100 liters of OP liquor, 5000 empty quarters, packaging machine, 3000 caps, 1000 wrappers, 500 card boards and one box of country made liquor plain containing 48 quarters were seized from the possession of the applicant. It is submitted that it is true that the applicant has a criminal history and out of five more criminal cases, three cases were registered under Section 34(2) and 49(A) of M.P. Excise Act. However, in view of the criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. 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. It is submitted that as many as five more criminal cases were registered against him out of which two were registered under Jua Act and three were registered under Section 34(1), 34(2) and 49(A) of M.P. Excise Act.

Considering the facts and circumstances of the case, 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) 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. Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-Oct-22 10:58:30 AM

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.

C.C. as per rules.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-Oct-22 10:58:30 AM