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Judgment
20 paragraphs · 385 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 21/11/2020 in connection with Crime No.649/2020, registered at Police Station Radhogarh, District Guna for
offence under Sections 34(2) of Excise Act.
According to the prosecution case 60 bulk liters of country made liquor has been seized from the possession of the applicant. The applicant is in jail for
the last two months. The first bail application was rejected by order dated 09/12/2020 passed in MCRC No.48737/2020 on the ground that the
applicant has criminal history and six more criminal cases under M.P. Excise Act have been registered against the applicant. It is submitted by the
counsel for the applicant that the applicant is a lady and she undertakes not to commit any offence in future and in order to show her bonafide, she is
ready and willing to furnish cash surety with a stipulation that again if it is found that the applicant has not improved herself and is still involved in
commission of similar offence, then not only her bail bond may be cancelled but the cash surety so deposited by the applicant may be forfeited.
Per contra, the application is opposed by the counsel for the State. It is submitted by the counsel for the State that as many as four offences under
Section 34 of Excise Act and two more offences under Section 34(2) of Excise Act have been registered against the applicant.
Considering the concessional statement made by the counsel for the applicant as well as considering the period of detention and without commenting
on the merits of the case, the application is allowed. It is directed that on furnishing the cash surety of Rs.1,00,000/- (Rupees One Lac Only) to the
satisfaction of the Trial Court/Committal Court, the applicant be released on bail. The applicant shall appear before the Court on the dates given by the
concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
It is made clear that in case even if a single default in appearing before the Trial Court/Committal Court is committed, then the cash surety so
deposited by the applicant shall automatically stand forfeited.
Certified copy as per rules.