Meena Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2396 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.9135/2022 (MEENA GURJAR VS. STATE OF M.P.)

Gwalior, Dated : 21/02/2022

Shri Pradeep Katare, learned counsel for the applicant.

Shri Lokendra Shrivastava, learned counsel for the State.

Case diary is available.

This fourth repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Third bail application of the applicant

was dismissed by order dated 10/01/2022 passed in MCRC

No.831/2022.

The applicant has been arrested on 06/10/2021 in connection

with Crime No.222/2021 registered at Police Station Excise Circle

Kolaras, District Shivpuri for offence under Sections 34(1) and 49(A)

of M.P. Excise Act.

It is submitted by the counsel for the applicant that it is true

that the earlier bail applications have been rejected on merits and it is

equally true that the minimum sentence for offence under Section 49-

A of M.P. Excise Act is six months and the country made liquor

seized from the possession of the applicant has been found to be

injurious for human consumption, but the applicant is a lady and she

is in jail for the four and half months. The Trial is likely to take

sufficiently long time and there is no possibility of her absconding or

tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.9135/2022 (MEENA GURJAR VS. STATE OF M.P.)

counsel for the State. However, it is submitted that as per the case

diary, the applicant has no criminal antecedents.

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: 2022.02.21
         17:01:30 -08'00'