Arbaj Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 403 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.64790/2021
                  Arbaj Khan vs. State of M.P.

Gwalior, Dated : 07/01/2022

      Shri Arshad Ali, Counsel for the applicant.

      Shri C.P. Singh, Panel Lawyer for the State.

      Case diary is available.

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

for grant of bail.

      The applicant has been arrested on 31.10.2021 in connection

with Crime No.807/2021 registered at Police Station Kotwali, District

Guna for offence under Section 49(A) of M.P. Excise Act.

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

the prosecution case, 10 litres of country made liquor which is alleged

to be unfit for human consumption is alleged to have been seized from

the possession of the applicant. Although the applicant is in jail for the

last more than two months but the FSL report has not been received so

far. No offence under NDPS Act or Excise Act was ever registered

against the applicant. The trial is likely to take sufficiently long time

and there is no possibility of his absconding or tampering with the

prosecution case.

      Per contra, the application is opposed by the counsel for the

respondent/State. However, it is submitted by the counsel for the State

that the applicant has a criminal history and one offence under Section

379 of IPC was registered against him.

Considering the facts and circumstances of the case, without

THE HIGH COURT OF MADHYA PRADESH MCRC No.64790/2021 Arbaj Khan vs. State of M.P.

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 made clear that after the FSL report is received, if it is

found that the liquor seized from the possession of the applicant is

unfit for human consumption, then this order shall lose its effect and

the applicant shall be under obligation to immediately surrender

before the Trial Court. Otherwise, this order shall remain in force, till

the conclusion of Trial. In case of bail jump, or violation of any of the

condition(s) mentioned above, this order shall automatically lose its

effect.

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)
(alok)                                                           Judge



ALOK KUMAR
2022.01.07 16:49:36 +05'30'