Shivkumar Kanjar vs State Of M.P

G.S. Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was disposed of by order dated 2.9.2021 passed in M.Cr.C.No.43282/2021.

The applicant has been arrested on 20.7.2021 in connection with Crime No.77/2021 registered at Police Station Ghatigaon, District Gwalior for offence under Sections 49-A, 34(2) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, out of 80 litres of liquor, which was seized from the possession of the applicant, 40 litres was alleged to be unfit for human consumption. The applicant was granted bail by order dated 2.9.2021 passed in M.Cr.C.No.43282/2021 with a rider that the said order shall remain in force till the receipt of the FSL report. It was further directed that in case if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then the bail order shall automatically come to an end and the applicant shall be obliged to surrender. It is submitted by the counsel for the applicant that the FSL report has been received on 13.10.2021 and he has surrendered on 8.11.2021. It is further submitted that in view of the fact that the liquor seized from the possession of the applicant was found to be unfit for human consumption, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. 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.

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. In case, the title deeds have been deposited, then the same shall not be returned unless and until the 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.