Shyam Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7727 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC No. 57368/2021
          (SHYAM SINGH Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 23/11/2021

      Shri Aditya Sharma, Counsel for applicant.

      Shri Vijay Sundaram, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 27.10.2021 in connection

with Crime No.891/2021 registered by Police Station Ambah, District

Morena for offence punishable under Section 34 (2) of Excise Act.

      It is submitted by Counsel for the applicant that according to

the prosecution case, two persons who were going on a rickshaw

when they were stopped. The applicant was driving the rickshaw,

whereas co-accused was sitting in the rickshaw. 57.6 bulk liters of

country made liquor has been seized from the rickshaw/joint

possession of applicant and co-accused. The applicant is in jail for

near about last one month. It is further submitted that no offence

under the M.P. Excise Act or NDPS Act was ever registered against

the applicant. The trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with

prosecution case.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. It is submitted that Crime No.276/2017 was

THE HIGH COURT OF MADHYA PRADESH MCRC No. 57368/2021 (SHYAM SINGH Vs THE STATE OF MADHYA PRADESH)

registered at Police Station Ambah against the applicant for offence

under Sections 294, 323, 506, 34 of IPC.

Heard the learned counsel for the parties.

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 be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees 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.

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 18/3/2021

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) Judge

Aman AMAN TIWARI 2021.11.23 18:03:05 +05'30'