Manoj vs State Of M.P

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withdrawn by order dated 05/01/2022 passed in MCRC No.63763/2021.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.