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Judgment
8 paragraphs · 295 wordsG.S. Ahluwalia, J
This application under Section 482 of CrPC has been filed for modification of order dated 04.02.2022 passed by this Court in M.Cr.C. No.4610/2022, by which the applicant has been granted bail on furnishing cash surety of Rs.1,00,000/-.
It is submitted by the counsel for the applicant that the applicant is in jail in connection with Crime No.7/2012 registered at Police Station Mayapur District Shivpuri for offence under Section 34(2) of M.P. Excise Act. According to which, 60 bulk liters of country made liquor was seized. However, it is fairly conceded that the applicant has a criminal history and one more offence under Section 34 of M.P. Excise Act was registered against him in the year 2012. It is submitted that the applicant is a poor person and he is not in a position to furnish cash surety, therefore, he is still in jail.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and on earlier occasion also, he was involved in the offence under Section 34 of M.P. Excise Act and under these circumstances, the stringent condition of furnishing cash surety of Rs.1,00,000/-cannot be said to be unreasonable or harsh.
Heard the learned counsel for the parties.
The applicant had a criminal history and one more offence was registered against him under Section 34 of M.P. Excise Act. Since the applicant did not improve and he is still involved in dealing with illicit liquor, therefore, the stringent condition of furnishing cash surety as imposed by this Court cannot be said to be unreasonable or harsh.
Accordingly, no case is made out for modification of order dated 04.02.2022 passed in M.Cr.C. No.4610/2022.
The application fails and is hereby dismissed.