Madhya Pradesh High Court
Golu Alias Gulla Namdev vs The State Of Madhya Pradesh on 28 April, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.21006/2022
(GOLU @ GULLA NAMDEV VS. STATE OF M.P.)
Gwalior, Dated : 28/04/2022
Shri Brijendra Singh, learned counsel for the applicant.
Shri Rohit Mishra, 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 11/03/2022 in connection
with Crime No.151/2022 registered by Police Station Kotwali,
District Guna for offence punishable under Sections 34(1) and 49(A)
of M.P. Excise Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, five liters of country made liquor, which is
alleged to be unfit for human consumption has been seized from the
possession of the applicant. It is submitted that although, the
applicant is in jail for more than one and half month, but the FSL
report has not been received. The Trial is likely to take sufficiently
long time and there is no possibility of his absconding or tampering
with the prosecution case. It is further submitted that in the light of
the criminal antecedents of the applicant, he is ready and willing to
abide by any stringent condition, which may be imposed by this
Court.
Per contra, the application is vehemently opposed by the
THE HIGH COURT OF MADHYA PRADESH
MCRC No.21006/2022
(GOLU @ GULLA NAMDEV VS. STATE OF M.P.)
counsel for the State. It is submitted that the applicant has a criminal
antecedents and four more criminal cases have been registered
against him, but fairly conceded that none of the offence is either
registered under NDPS Act or M.P. Excise Act or for any heinous
offence.
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.
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 Kotwali, District Gunta on 1 st of every
month till the conclusion of trial.
It is made clear 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.21006/2022
(GOLU @ GULLA NAMDEV VS. STATE OF M.P.)
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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.04.28
14:33:19 -07'00'
