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Judgment
11 paragraphs · 413 wordsGurpal Singh Ahluwalia, J
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 16.03.2022 in connection with Crime No.200/2022 registered at Police Station - Excise (Cantt) District - Guna for offence under Section 34 (2) of Excise Act.
I t is submitted by Counsel for the applicant that according to the prosecution case, 60 bulk liters of country made liquor has been seized from the possession of the applicant. He has been falsely implicated. He is in jail for the last more than two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by Counsel for the State. It is submitted that apart from the present case five more criminal cases have been registered against him, out of which, three offences were registered under Sections 34(2) of M.P. Excise Act. One offence was registered in the year 2012 for offence under Section 307 of IPC and one offence was registered in the year 2022 for offence under Sections, 294, 323 of IPC and on one occasion preventive measures under Section 110 of Cr.P.C. were initiated against him.
Considering the period of detention as well as the criminal antecedents, this Court is of the considered opinion that the applicant can be granted bail only on the stringent condition. Accordingly, 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) 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.
CC as per rules.