Kallu Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 2162 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.8224/2022 (KALLU JATAV VS. STATE OF M.P.)

Gwalior, Dated : 16/02/2022

Shri R.S.Yadav, learned counsel for the applicant.

Shri Lokendra Shrivastava, learned counsel for the State.

Case diary is not available. Accordingly, the bail application is

being decided on the basis of the averments made in the application

as well as facts mentioned in the impugned order.

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

filed for grant of bail.

The applicant has been arrested on 30/01/2022 in connection

with Crime No.13/2022 registered at Police Station Bamorekalan,

District Shivpuri for offence under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that the

applicant is in jail for the last more than 15 days. According to the

prosecution case, 55 bulk liters of country made liquor was seized

from the possession of the applicant. From the impugned order itself,

it is clear that the applicant has a criminal history and one offence

under Sections 294, 323, 324, 506 and 34 of IPC and another offence

under Section 279 and 337 of IPC were registered against the

applicant. No offence under M.P. Excise Act or NDPS Act has been

registered. The Trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with the prosecution

case.

THE HIGH COURT OF MADHYA PRADESH MCRC No.8224/2022 (KALLU JATAV VS. STATE OF M.P.)

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that as per the

rejection order, the applicant has a criminal history of two cases.

Considering the period of detention as well as 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.

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: 2022.02.16
    15:26:16 -08'00'