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Judgment
13 paragraphs · 230 wordsG.S. Ahluwalia, J
This application under Section 482 of CrPC has been filed for modification of order dated 04.05.2021 passed in M.Cr.C. No. 21574/2021, 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 a poor person and he is not in a position to furnish the cash surety.
Considered the submissions made by the counsel for the applicant.
The stringent condition of furnishing cash surety has been imposed consciously in view of the criminal antecedents of the applicant. According to
which, 5 criminal cases have been registered against him. Out of which, 4 cases were registered under Section 34 of M.P. Excise Act. It is fairly
conceded by the counsel for the applicant that in all those 4 cases, the applicant had pleaded guilty and he was saddled with the punishment of fine.
Further, the order was passed on the concessional statement made by the counsel for the applicant that the applicant is ready and willing to furnish the
cash surety.
If the applicant has not improved himself and is still engaged in sale of illicit liquor, then this Court is of the considered opinion that the stringent
condition of furnishing cash surety of Rs.1,00,000/-cannot be said to be unreasonable or harsh.
Under these circumstances, the application fails and is hereby dismissed.