Sameer Usmani vs The State Of Madhya Pradesh
2022 Latest Caselaw 5765 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.19275/2022
            (SAMEER USMANI VS. STATE OF M.P.)

Gwalior, Dated : 20/04/2022

       Shri Ankur Tiwari, learned counsel for the applicant.

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

       Case diary is available.

       This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

       The applicant has been arrested on 18/09/2021 in connection

with Crime No.530/2021 registered at Police Station Inderganj,

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

       It is submitted by the counsel for the applicant that according

to the prosecution case, 5 liters of country made liquor, which was

found to be unfit for human consumption has been seized from the

possession of the applicant. The applicant is in jail from 18/09/2021

i.e. more than seven months. The minimum sentence under Section

49A(1)(d)(i) of M.P. Excise Act is six months as this incident took

place subsequent to the amendment in the M.P. Excise Act. In view of

his criminal history, he is ready and willing to abide by any stringent

condition, which may be imposed by this 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 State. It is submitted that the FSL report has been
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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.19275/2022
            (SAMEER USMANI VS. STATE OF M.P.)

received, according to which the liquor siezed from the possession of

the applicant was unfit for human consumption. It is further

submitted that police has filed the charge-sheet. The applicant has a

criminal history and three more criminal cases i.e. (1) under Section

366 of IPC (2) under Sections 323, 294 and 506-B of IPC (3) under

Sections 327, 323, 294 and 34 of IPC have been registered against

him.

       Considering the facts and circumstances of the case, 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 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 Inderganj, District Gwalior on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by

this Court, this order shall lose its effect.

       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

THE HIGH COURT OF MADHYA PRADESH MCRC No.19275/2022 (SAMEER USMANI VS. STATE OF M.P.)

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

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


         Digitally signed
         by PRINCEE
         BARAIYA
         Date: 2022.04.20
         17:00:12 -07'00'