Madhya Pradesh High Court
Bhura Kanjar vs The State Of Madhya Pradesh on 22 October, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50079/2021
Bhura Kanjar vs. State of M.P.
Gwalior, Dated : 22.10.2021
Shri B.S. Gour, Counsel for the applicant.
Shri R.K. Awasthi, Public Prosecutor for the respondent/State.
Case diary is available.
This third application under Section 439 of Cr.P.C. has been
filed for grant of bail. The second bail application was dismissed by
order dated 17.9.2021 passed in M.Cr.C.No.46054/2021.
The applicant has been arrested on 27.7.2021 in connection
with Crime No.239/2021 registered at Police Station Raghogarh,
District Guna for offence under Sections 34(2), 49(A) of Excise Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, 190 bulk litres of country made liquor which
is alleged to be unfit for human consumption has been seized from
the possession of the applicant. The applicant is an innocent person.
By order dated 31.8.2021 passed in M.Cr.C. No.42621/2021 the
application was dismissed as withdrawn with liberty to revive the
prayer after undergoing some reasonable period of detention.
However, as the repeat application was filed just after 17 days of the
rejection of the first bail application, therefore, the second
application was dismissed as withdrawn by order dated 17.9.2021
passed in M.Cr.C. No.46054/2021. However, liberty granted by
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50079/2021
Bhura Kanjar vs. State of M.P.
order dated 31.8.2021 was kept in tact. It is submitted that although
the applicant is in jail for the last three months but the FSL report is
not received. It is not known as to whether the liquor seized from the
possession of the applicant is injurious to health or not. So far as the
criminal antecedents of the applicant are concerned, he is ready and
willing to abide by any stringent condition which may be imposed
by the Court. 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. However, it is fairly conceded that
the FSL report has not been received. So far as the criminal
antecedents of the applicant are concerned, it is submitted that one
offence was registered under Sections 147, 148, 149, 452, 506 of
IPC and another offence was registered under Bonded Labour Act.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case as well as
period of detention, 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50079/2021
Bhura Kanjar vs. State of M.P.
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 Raghogarh, District Guna on 1st of every
month during the pendency of the trial.
It is made clear that after the FSL report is received, if it is
found that the liquor seized from the possession of the applicant is
unfit for human consumption, then this order shall lose its effect and
the applicant shall be under obligation to immediately surrender
before the Trial Court. Otherwise, this order shall remain in force,
till the conclusion of 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
18/3/2021 in Criminal Appeal No.329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2021.10.22 17:17:34 +05'30'
