Pramod Shivhare vs The State Of Madhya Pradesh
2021 Latest Caselaw 6805 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.51826/2021 (PRAMOD SHIVHARE VS. STATE OF M.P.)

Gwalior dtd. 25/10/2021

Shri Anil Jha, learned counsel for the applicant.

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

Case diary is available.

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

for grant of bail.

The applicant has been arrested on 08/09/2021 in connection

with Crime No.151/2021 registered by Police Station Dehat Dabra,

District Gwalior for offence punishable under Section 34(2) and 49-

A of Excise Act.

It is submitted that according to the prosecution case house of

co-accused Gurpreet Singh was raided and 3,492 liters of country

made liquor as well as various machines, which are used for sealing

the bottles as well as various cartons and other utensils for

manufacturing of country made liquor were seized. The said

premises belongs to co-accused Gurpreet Singh. It is submitted that

only evidence against the applicant is confessional statement made

by Gurpreet Singh under Section 27 of the Evidence Act, which is

to the effect that the applicant used to supply packing material as

well as the order for manufacturing liquor. However, the applicant

is in jail for the last more than one month and nothing incriminating

has been seized from his possession to show his involvement in the

THE HIGH COURT OF MADHYA PRADESH MCRC No.51826/2021 (PRAMOD SHIVHARE VS. STATE OF M.P.)

offence. It is further submitted that the confessional statement made

by the co-accused under Section 27 of the Evidence Act is not

admissible in the light of Sections 25 and 26 of Evidence Act. 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. However, after going through the police case

diary, it is fairly conceded that nothing has been seized from the

possession of the applicant to show any incriminating evidence

against him. It is fairly conceded that except the statement of the

co-accused recorded under Section 27 of Evidence Act, there is no

material against the applicant to show his involvement. However, it

is further submitted that the applicant has criminal history and as

many as seven more criminal cases have been registered against

him, including three cases under M.P. Excise Act.

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/- (Rupees One Lac) with one surety in the like

amount to the satisfaction of the Trial Court/Committal Court to

THE HIGH COURT OF MADHYA PRADESH MCRC No.51826/2021 (PRAMOD SHIVHARE VS. STATE OF M.P.)

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 further directed that the applicant shall appear before the

S.H.O. Police Station Dehat Dabra, District Gwalior on 1st of

every month during the pendency of the Trial.

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.

With aforesaid observations, this application is Allowed.

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

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.10.25
         17:30:16 -07'00'