Shivraj Nayak vs The State Of Madhya Pradesh
2022 Latest Caselaw 2310 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 8717/2022
         (SHIVRAJ NAYAK Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 18/02/2022

      Shri Atul Gupta, Counsel for applicant.

      Shri Lokendra Shrivastava, 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 04.02.2022 in connection

with Crime No.09/2022 registered by Police Station - Dipnakheda,

Vidisha, District Vidisha, for offence punishable under Section 49 (A)

of Excise Act.

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

prosecution case, 15 bulk liters of liquor which is alleged to be unfit

for human consumption has been seized from the possession of the

applicant. Although the applicant in jail for the last fifteen days, but

the FSL report has not been received, and therefore, at present, it

cannot be said that the liquor seized from the possession of applicant

was unfit/poisonous for human consumption. 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 opposed by Counsel for the

respondent/State. It is submitted that the investigation is pending but

fairly conceded that FSL report has not been received. It is further

submitted that applicant has a criminal history and one more offence

THE HIGH COURT OF MADHYA PRADESH MCRC No. 8717/2022 (SHIVRAJ NAYAK Vs THE STATE OF MADHYA PRADESH)

under Sections 294, 323, 506 of IPC was registered against him.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case 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 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.

This order shall remain effective till the end of the 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 & 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 2022.02.18 16:57:48 +05'30'