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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Kalyan Kewat – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.10111 of 2022
Decided On : 24-02-2022
Bail - Excise Act - The court granted bail to the applicant on stringent conditions of furnishing cash surety or depositing original title-deeds of immovable property worth a specified amount, considering the period of detention and the circumstances of the case.
Fact of the Case:
The applicant was arrested for an offence under Section 34(2) of the Excise Act after 60 bulk litres of country made liquor were seized from his possession. The applicant has a criminal history with previous convictions and a pending offence under the Excise Act.
Finding of the Court:
The court allowed the application for bail, directing the release of the applicant on stringent conditions of cash surety or depositing original title-deeds of immovable property, without commenting on the merits of the case.
Issues: The main issue was whether the applicant should be granted bail considering the nature of the offence, the applicant's criminal history, and the likelihood of trial duration.
Ratio Decidendi: The court considered the period of detention, the facts and circumstances of the case, and the lack of improvement in the applicant's life in granting bail on stringent conditions.
Final Decision: The applicant was granted bail on the conditions of furnishing cash surety or depositing original title-deeds of immovable property worth a specified amount, with a warning that any default in appearance before the Trial Court or registration of a new offence would lead to the bail order becoming ineffective and the forfeiture of the surety amount.
JUDGMENT
G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by a detailed order dated 14.12.2021 passed in M.Cr.C.No.60422/2021 with liberty to revive the prayer after undergoing some reasonable period of detention.
The applicant has been arrested on 14.11.2021 in connection with Crime No.410/2021 registered at Police Station Dharnavada, District Guna for offence under Section 34(2) of Excise act.
according to the prosecution case, 60 bulk litres of country made liquor has been seized from the possession of the applicant and the applicant has a criminal history. Previously, the applicant has been convicted in two offences of similar in nature and one more offence under Section 34 of Excise act is pending against him. 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.
Since the applicant has not shown any improvement in his life, therefore, he cannot be granted bail except on stringent condition of furnishing cash surety.
Considering the period of detention, 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 Only) 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. In case, the title deeds have been deposited, then the same shall not be returned unless and until the 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.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
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.
Grant of bail under Section 439 of Cr.P.C. considering the period of detention, criminal history of the applicant, and readiness to furnish cash surety.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
The court may grant bail considering the absence of seized items, the defendant's criminal record, and the likelihood of a lengthy trial.
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