Smt. Madhuri Mongiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 6027 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 20130/2022 (SMT. MADHURI MONGIYA Vs STATE OF M.P.)

Gwalior, Dated : 23/04/2022

Shri Pawan Devnani, Counsel for applicant.

Shri Rohit Mishra, Additional Advocate General for 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 08.04.2022 in connection

with Crime No.54/2022 registered by Police Station - Subhashpura,

Shivpur, District Shivpuri for offence punishable under Section 49(A)

of Excise Act.

It is submitted by Counsel for applicant that according to the

prosecution case, 7 liters of country made liquor which is alleged to

be unfit for human consumption has been seized from the possession

of applicant. The FSL report has not been received so far. The trial is

likely to take sufficiently long time and the applicant is a woman aged

about 28 years. There is no possibility of her absconding or tampering

with prosecution case.

Per contra, the application is opposed by the Counsel for the

State. It is submitted that applicant has a criminal history and one

offence under Section 323, 294, 506, 34 of IPC has been registered

against her but fairly conceded that the FSL report has not been

received so far.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 20130/2022 (SMT. MADHURI MONGIYA Vs STATE OF M.P.)

Considering the period of detention as well as the fact that

applicant is a woman aged about 28 years and looking to her criminal

antecedent, the bail can be granted to the applicant only on stringent

condition.

Accordingly, 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.

It is further clarified that after receipt of FSL report, if it is

found that the liquor seized from the possession of the applicant was

unfit for human consumption, then this order shall automatically lose

its effect and the applicant shall be under obligation to immediately

surrender before the Trial Court.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Subhashpura, District Shivpuri 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 & Ors. vs. State of M.P. passed on 18/3/2021

THE HIGH COURT OF MADHYA PRADESH MCRC No. 20130/2022 (SMT. MADHURI MONGIYA Vs STATE OF M.P.)

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) Judge

Aman AMAN TIWARI 2022.04.23 16:20:59 +05'30'