Ashish @ Assu Puri Goswami vs The State Of Madhya Pradesh
2022 Latest Caselaw 2840 MP

                                      1
    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                  BEFORE
                 HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                          ON THE 28th OF FEBRUARY, 2022

                  MISC. CRIMINAL CASE No. 2465 of 2022

         Between:-
         ASHISH @ ASSU PURI GOSWAMI S/O SHRI
         VISHNUPURI GOSWAMI , AGED ABOUT 32 YEARS,
         OCCUPATION:   LABOUR   VILL.  PANCHAYAT
         HARDULI MAIN BAZAR BARGINAGAR DIST.
         JABALPUR MP (MADHYA PRADESH)

                                                                     .....PETITIONER
         (BY MR. S.A. RAHMAN, LEARNED COUNSEL FOR THE APPLICANT)

         AND

         THE STATE OF MADHYA PRADESH THR. P.S. P.S.
         BARGI DIST. JABALPUR MP (MADHYA PRADESH)

                                                                  .....RESPONDENTS
         (BY MR. CHANDRA KANT MISHRA, LEARNED PANEL LAWYER FOR
         THE STATE )

      This application coming on for admission this day, the court passed the
following:
                                       ORDER

Heard on I.A. No.2483/2022, which is an application for taking additional

documents on record.

Fort the reasons stated therein, the same is allowed and the aforesaid documents be taken on record.

This is the third bail application filed by the applicant under Section 439 of the Cr.P.C. Earlier bail applications of the applicant were dismissed on merits vide orders dated 01.10.2021 and 01.12.2021 passed in M.Cr.C. Nos.45384/2021 and 53223/2021.

T he applicant is in custody since 24.08.2021 in connection with Crime No.472/2021 registered at Police Station-Bargi, District-Jabalpur (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.

It is alleged that on 24.08.2021, the applicant along with another co-accused were found in illegal possession of 96.700 bulk liters of illicit country made liquor.

Learned counsel for the applicant submits that although earlier two bail

applications of the applicant were dismissed on merits mainly on the ground that the applicant is having criminal antecedents, however, at that time, documents of his acquittal have not been brought on record before this Court. Now, the applicant has brought on record vide I.A. No.2483/2022 all the copies of

judgments of his acquittal. The applicant is in custody since 24.08.2021 and conclusion of trial will take considerable time. Under these change of circumstances, he prays for grant of bail to the applicant.

Learned Panel Lawyer strongly opposed the bail application. Looking to the aforesaid facts and changed circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed.

It is ordered that that the applicant/accused be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub- section (3) of Section 437 of Cr.P.C.

It is further directed that the Jail authority shall comply with all the directions and guidelines issued by the Central Government and the State Government from time to time in regard to outbreak of Covid-19 pandemic before releasing the applicant from the jail.

Certified copy/e-copy-as per rules.

(ARUN KUMAR SHARMA) JUDGE julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.02.28 17:29:00 IST