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Judgment
21 paragraphs · 394 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 08.12.2021 in connection with Crime No.463/2021 registered by Police Station Bairad Distt. Shivpuri (MP) for
offence punishable under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according to the prosecution case, 60 litres of country made liquor has been seized from the
possession of the applicant. The applicant has been falsely implicated. 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 opposed by the counsel for the respondent/State. It is submitted by Shri Tomar that the applicant has a criminal history
and one more offence of similar in nature has been registered against him.
Considering the 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. 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.