Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1608

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Manoj – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.5533 of 2022
Decided On : 02-02-2022

Advocates Appeared:
M.L.Tomar, Advocate, Avdhesh Parashar, Advocate
Final Result : Allowed

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.

Headnote:
Bail - M.P. Excise Act - The court granted bail to the applicant, who had been arrested for possession of English liquor under Section 34(2) of the M.P. Excise Act, considering the period of detention and the applicant's readiness to furnish cash surety. The bail order would remain effective till the end of trial, but any default in appearance before the court or registration of a new offence would lead to forfeiture of the cash surety.
Fact of the Case:

The applicant was arrested for possession of English liquor under Section 34(2) of the M.P. Excise Act. The applicant had a criminal history with six more criminal cases registered against him under the same act.
Finding of the Court:

The court granted bail to the applicant, considering the period of detention and the applicant's readiness to furnish cash surety. The bail order would remain effective till the end of trial, but any default in appearance before the court or registration of a new offence would lead to forfeiture of the cash surety.
Issues: Grant of bail under Section 439 of Cr.P.C. for possession of English liquor under Section 34(2) of the M.P. Excise Act, considering the applicant's criminal history and readiness to furnish cash surety.
Ratio Decidendi: The court considered the period of detention, the applicant's readiness to furnish cash surety, and the intimation requirement to the complainant as per the judgment passed by the Supreme Court in a related case.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail on furnishing cash surety of Rs.3,00,000/- to the satisfaction of the Trial Court/Committal Court, with the bail order remaining effective till the end of trial, subject to conditions.

JUDGMENT

G.S. ahluwalia, J. - This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 05/01/2022 passed in MCRC No.63763/2021.

The applicant has been arrested on 27/11/2021 in connection with Crime No.767/2021 registered at Police Station Civil Line, District Morena for offence under Section 34(2) of M.P. Excise act.

According to the prosecution case 90 bulk liters of English liquor was seized from the possession of the applicant. The applicant has a criminal history and six more criminal cases have been registered against him for offence under Section 34 and 34(2) of M.P. Excise act, out of which fine amount has been imposed in four cases. Looking to the criminal antecedents of the applicant, it is submitted that Whiskey was seized from the possession of the applicant and in view of the criminal antecedents, he is ready and willing to furnish cash surety. He is in jail from 27/11/2021. 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 the applicant is a history sheeter and six more criminal cases have been registered against him under M.P. Excise act.

Considering the period of detention as well as considering the concessional statement made by the counsel for the applicant 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.3,00,000/- (Rupees Three 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. 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.

Certified copy as per rules.

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