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2022 DIGILAW 315 (MP)

Kalyan Kewat v. State of Madhya Pradesh

2022-02-24

G.S.AHLUWALIA

body2022
JUDGMENT G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by a detailed order dated 14.12.2021 passed in M.Cr.C.No.60422/2021 with liberty to revive the prayer after undergoing some reasonable period of detention. The applicant has been arrested on 14.11.2021 in connection with Crime No.410/2021 registered at Police Station Dharnavada, District Guna for offence under Section 34(2) of Excise act. according to the prosecution case, 60 bulk litres of country made liquor has been seized from the possession of the applicant and the applicant has a criminal history. Previously, the applicant has been convicted in two offences of similar in nature and one more offence under Section 34 of Excise act is pending against him. 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. Since the applicant has not shown any improvement in his life, therefore, he cannot be granted bail except on stringent condition of furnishing cash surety. Considering the period of detention, 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 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.