Malkhan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1634 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 6271/2022
            (MALKHAN SINGH Vs STATE OF MADHYA PRADESH)

                     Through Video Conferencing

Gwalior, Dated : 04/02/2022

      Shri Dhirendra Singh , Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Case diary is available.

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

grant of bail.

      The applicant has been arrested on 10.01.2022 in connection with

Crime No.11/2022 registered by Police Station - Chanderi, District

Ashok Nagar for offence punishable under Section 34 (2) of Excise Act.

      It is submitted by Counsel for the applicant that according to the

prosecution case, 57 bulk liters of country made liquor has been seized

from the possession of applicant. He has been falsely implicated. He is

in jail for the last more than 20 days. So far as the criminal antecedents

of applicant are concerned, applicant is ready and willing to abide by

any stringent condition which may be imposed by the Court. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

      Per contra, the application is vehemently opposed by the Counsel

for the respondent/State. It is submitted that applicant has criminal

history and three more offences were registered against him under

different provisions of IPC but fairly conceded that applicant has

already been acquitted in Crime No.62/2013 which was registered for

THE HIGH COURT OF MADHYA PRADESH MCRC No. 6271/2022 (MALKHAN SINGH Vs STATE OF MADHYA PRADESH)

offence 323, 294, 506 of IPC and Crime No.582/2016 which was

registered for offence under Section 454, 380 of IPC and only the

criminal case No.756/2014 arising out of crime No.466/2014 is pending.

Heard the learned counsel for the parties.

Considering the period of detention and quantity of liquor 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Chanderi, District Ashok Nagar 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 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 Aman AMAN TIWARI 2022.02.04 14:56:26 +05'30'