Madhya Pradesh High Court
[email protected] Pathani Verma vs State Of Mp on 7 April, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.52071/2020
(ANKIT @ PATHANI VERMA VS. STATE OF M.P.)
Gwalior dtd. 07/04/2021
Shri Rameshwar Rawat, learned counsel for the applicant.
Shri Devendra Chaubey, learned Public Prosecutor for the
State.
Case diary is not available, therefore, this application is being
decided on the basis of the averments made in the bail application
as well as the facts mentioned in the impugned order.
This third repeat application under Section 439 of Cr.P.C. has
been filed by the applicant for grant of bail.
The applicant is in jail from 09/07/2020 in connection with
Crime No.339/2020, registered at Police Station Kotwali, District
Datia for the offence under Section 34(2) of M.P.Excise Act.
It is submitted by the counsel for the applicant that according
to the prosecution case 60 bulk liters of country made liquor was
seized from the possession of the applicant on 09/07/2020. Earlier
the applicant was granted bail by order dated 07/08/2020 passed in
MCRC No.26226/2020 with a condition to deposit an amount of
Rs.15,000/- in the account of Red Cross Society, Datia as well as to
furnish cash surety of Rs.1 Lac. Since, the applicant was not in a
position to comply the said condition, therefore, he filed an
application under Section 482 of Cr.P.C. for modification of order
dated 07/08/2020. The said application was registered as MCRC
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No.28502/2020, which was disposed of by order dated 19/08/2020
by holding that the stringent condition was imposed in the light of
the antecedents of the applicant, therefore, it is not possible to
modify the order, accordingly, the entire bail order dated
07/08/2020, which was passed by this Court in MCRC
No.26226/2020 was recalled.
Thereafter, the applicant filed another bail application, which
was registered as MCRC No.34883/2020, which was dismissed by
order dated 05/10/2020 in the light of the criminal antecedents of
the applicant. Two offences were registered in the year 2017 for
offence under Section 452, 294 of IPC and under Section 294 and
323 of IPC. One offence under Section 454, 323 of IPC was
registered against the applicant in the year 2018 and one offence
under Section 354 of IPC was registered against the applicant in the
year 2020. It is submitted that the applicant is in jail from
09/07/2020 i.e. more than nine months. 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 respondent/State.
Heard the learned counsel for the parties.
Looking to the period of detention and without commenting
on the merits of the case, the application is allowed. It is directed
that the applicant be released on bail on furnishing a personal bond
in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one surety in
the like amount to the satisfaction of the Trial Court/Committal
Court to appear before the Court on the dates given by the
concerned Court.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Kotwali, District Datia on 1st of every month
during the pendency of the Trial. This order shall remain effective
till the end of the trial but in case of bail jump, it shall become
ineffective.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat & Ors. 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 rule.
(G.S.Ahluwalia)
Pj'S/- Judge
PRINCEE BARAIYA
2021.04.08
15:37:10 -07'00'
