Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1565

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Chironji Lal Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 9597 of 2022
Decided On : 03-03-2022

Advocates Appeared:
Kalpana Gupta, Advocate, C.P. Singh, Advocate
Final Result : Allowed

Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.

Headnote:
Bail - M.P. Excise Act - The court granted bail to the applicant under stringent conditions of furnishing cash surety due to the nature of the offences and the applicant's criminal antecedents.
Fact of the Case:

The applicant filed a second bail application under Section 439 of CrPC after the first bail application was dismissed. The applicant was arrested for possession of country-made liquor and had multiple criminal cases against them.
Finding of the Court:

The court granted bail to the applicant on the condition of furnishing cash surety or depositing original title-deeds of immovable property worth more than the specified amount, as directed by the Supreme Court. The bail order would remain effective till the end of the trial, but any default in appearance or new offence would lead to forfeiture of the bail amount.
Issues: Grant of bail under stringent conditions, nature of the offences, and the applicant's criminal antecedents.
Ratio Decidendi: The court considered the nature of the offences under the M.P. Excise Act and the applicant's criminal antecedents in granting bail under stringent conditions to ensure the applicant's appearance before the trial court.
Final Decision: The court allowed the bail application, directing the applicant to furnish cash surety or deposit original title-deeds of immovable property, with strict conditions for forfeiture in case of default or new offence.

JUDGMENT

G.S. ahluwalia, J. - This second application under Section 439 of CrPC has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 31.01.2022 passed in M.Cr.C. No.4969/2022.

The applicant has been arrested on 24.12.2021 in connection with Crime No.105/2021 registered at Police Station Bargawan Distt. Sheopur for offence under Section(s) 34(2) and 49(a) of M.P. Excise act.

According to the prosecution case, 57 bulk liters of country made liquor has been seized from the possession of the applicant. First bail application was rejected with liberty to revive after undergoing some reasonable period of detention as the applicant has criminal antecedents. according to Shri C.P. Singh, 4 more criminal cases were registered against the applicant. Out of which, one was registered in the year 2009 for offence under Sections 341, 294 of IPC which came to an end on the basis of compromise. another offence was registered in the year 2015 for offence under Sections 323, 294, 506-B, 34 of IPC and which also concluded on the basis of compromise. Third offence was registered under Section 34(2) of M.P. Excise act and a fine of Rs.1,000/- was imposed. Fourth offence under Section 34(2) of M.P. Excise act was registered, which is still pending and the present is the fifth criminal case.

Per contra, the application is vehemently opposed by the counsel for the State.

In view of the fact that out of four criminal cases, two offences were registered under M.P. Excise act, this Court is of the considered opinion that the applicant can be granted bail only on the stringent condition of furnishing cash surety. accordingly, considering the period of detention, 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.100,000/- (Rupees One Lac) or in the alternative 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. If the title deeds are deposited, then the same shall not be returned unless the cash 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.

Click Here to Read the rest of this document