Raju Sahariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 1424 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       MCRC-5265-2022
                 Raju Sahariya Vs. State of MP

                   Through Video Conferencing

Gwalior, Dated : 01/02/2022

      Shri Rinku Shakya, Counsel for applicant.

      Ms. Kalpana Parmar, Counsel for State.

      Case diary is available.

      This is second application filed under Section 439 of Cr.P.C. for

grant of bail. The first application was allowed by order dated

25.09.2021 passed in M.Cr.C. No.46731/2021.

      The applicant has been arrested on 27.12.2021 in connection

with Crime No.769/2021 registered by Police Station - Cantt, District

Guna for offence punishable under Section 49(A) of M.P. Excise Act.

      It is submitted by Counsel for the applicant that according to

the prosecution case, five liters of country made liquor was seized

from the possession of applicant. He was granted bail by order dated

25.09.2021 passed in M.Cr.C. No.46731/2021 with a condition that in

case, if the FSL report discloses that the liquor seized from the

possession of applicant is unfit for human consumption, then the bail

order shall automatically come to an end. It is submitted that the FSL

report has been received and it has been found that the liquor seized

from the possession of applicant was containing ethyl alcohol with

perfural urea etc., thus, it was unfit for human consumption.

Accordingly, the applicant has surrendered before the Trial Court on
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          THE HIGH COURT OF MADHYA PRADESH
                          MCRC-5265-2022
                    Raju Sahariya Vs. State of MP
27.12.2021. Earlier he was taken in custody on 25.08.2021 and was

released after undergoing a pretrial detention of one month. Now, he

is in custody from 27.12.2021. Thus, in all, he has already remained

in jail for more than two months. The amended provisions of Section

49(A) of M.P. Excise Act has come into force from 14.09.2021 and,

therefore, the minimum sentence of six months would not be

applicable to the present case. 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 opposed by Counsel for the

respondent/State.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case as well as

period of detention and 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.

This order shall remain effective till the end of the trial but in

case of bail jump, it shall become ineffective.

THE HIGH COURT OF MADHYA PRADESH MCRC-5265-2022 Raju Sahariya Vs. State of MP 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 rule.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2022.02.02 16:14:33 +05'30'