Chotu @ Rajeev Katare vs The State Of Madhya Pradesh
2021 Latest Caselaw 7248 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.52931/2021 (CHHOTU @ RAJEEV KATARE VS. STATE OF M.P.)

Gwalior, Dated : 10/11/2021

Shri Vinod Kumar Sharma, learned counsel for the applicant.

Shri C.P.Singh, learned counsel for the State.

Case diary is available.

This is 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was dismissed as withdrawn by order dated 29/07/2021 passed in

MCRC No.37080/2021.

The applicant has been arrested on 15/06/2021 in connection

with Crime No.354/2021 registered at Police Station Thatipur,

District Gwalior for offence under Section 49(A) of M.P. Excise Act.

According to the prosecution case, five liters of country made

liquor was seized from the possession of the applicant, which was

found to be unfit for human consumption. However, the first bail

application was dismissed on the ground that 16 more criminal cases

have been registered against the applicant, which are as under:-

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THE HIGH COURT OF MADHYA PRADESH MCRC No.52931/2021 (CHHOTU @ RAJEEV KATARE VS. STATE OF M.P.)

4 eqjkj 688 2005 25 ch vkElZ ,DV ch 5 eqjkj 248 2007 294] 323] 506ch Hkknfo 6 FkkBhiqj 406 2013 [email protected] vkElZ ,DV 7 FkkBhiqj 214 2014 34¼2½ vkcdkjh ,DV 8 FkkBhiqj 446 2013 399] 400] 402 Hkknfo] [email protected] vkElZ ,DV [email protected] ,eihMhihds ,DV 9 FkkBhiqj 559 2014 25 ch vkElZ ,DV ch 10 FkkBhiqj 540 2014 392] 34 Hkknfo [email protected] ,eihMhihds ,DV 11 eqjkj 724 2003 324] 323] 294] 506 ch Hkknfo 12 FkkBhiqj 210 2015 341] 327] 323 Hkknfo 13 FkkBhiqj 570 2015 401 Hkknfo 14 FkkBhiqj 543 2017 294] 323] 506 Hkknfo 15 FkkBhiqj 55 2018 452] 294] 323] 506 Hkknfo 16 FkkBhiqj 520 2019 25 ch vkElZ ,DV ch 17 FkkBhiqj 354 2021 49¼d½ vkcdkjh ,DV

However, a liberty was also granted to the applicant to revive

the prayer alongwith judgments passed in the criminal cases.

It is submitted by the counsel for the applicant that with great

difficulty, he could trace out the judgments of two criminal cases, in

which he has been acquitted. He has also filed an affidavit of mother

of the applicant by mentioning that an attempt was made to trace out

the case status of the criminal cases which were registered in the year

2002 to 2005, 2007 and 2013 to 2015 and since, those are old cases,

therefore, they are not reflected on the website. However, it is also

mentioned that one offence in the year 2014 and four more offences

including the present case are pending against the applicant.

THE HIGH COURT OF MADHYA PRADESH MCRC No.52931/2021 (CHHOTU @ RAJEEV KATARE VS. STATE OF M.P.)

However, there is nothing in the affidavit to show that any attempt

was made by the pairokar of the applicant to obtain the certified copy

of the judgments or the status of the criminal cases from the Court,

which were registered against him. It is submitted by the counsel for

the applicant that in absence of trial numbers, it is very difficult to

obtain the certified copy. However, he fairly conceded that no attempt

was made to approach the concerning police station to find out the

trial numbers or the status of the criminal cases registered against the

applicant from the Jarayam register.

It is true that the applicant is in jail from 15/06/2021, but this

Court cannot loose sight of fact that 16 more criminal cases were

registered against him including two under M.P. Excise Act as well as

under Section 25/27 of the Arms Act.

Under these circumstances, this application is dismissed with

liberty to the pairokar of the applicant to approach the concerning

police station.

It is directed that in case, if the pairokar of the applicant

approaches the SHO of concerning police station, then he shall

inform the trial numbers or status of the criminal cases arising out of

crime numbers, which were registered against the applicant. After

obtaining said information, the pairokar of the applicant may obtain

the copies of the judgments of the said cases. Then the applicant can

THE HIGH COURT OF MADHYA PRADESH MCRC No.52931/2021 (CHHOTU @ RAJEEV KATARE VS. STATE OF M.P.)

revive the prayer.

Shri Singh assures that in case, if the pairokar of the applicant

approaches the SHO of concerning police station alongwith the

certified copy of this order, then every information with regard to

previously instituted criminal cases shall be provided without any

default.

With aforesaid liberty and observation, the application fails

and is hereby dismissed.

                                                                  (G.S. Ahluwalia)
Pj'S/-                                                                  Judge


         Digitally signed
         by PRINCEE
         BARAIYA
         Date: 2021.11.10
         17:15:19 -08'00'