Ashish vs The State Of Madhya Pradesh
2022 Latest Caselaw 406 MP

                                1
            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.290/2022
                     Ashish vs. State of M.P.

Gwalior, Dated : 07/01/2022

        Shri Alok Sharma, Counsel for the applicant.

        Shri A.P.S. Tomar, Panel Lawyer for the State.

        Case diary is not available.

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

for grant of bail.

        The applicant has been arrested on 10.12.2021 in connection

with Crime No.730/2021 registered at Police Station Pichhore, District

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

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

the prosecution case, 60 litres of country made liquor has been seized

from the possession of the applicant. It is further submitted that the

applicant has no criminal history. The applicant is in jail for the last

one month. 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 that in absence of the

police case diary he is not in a position to make a statement as to

whether the applicant has any criminal history or not.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.290/2022 Ashish vs. State of M.P.

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 before releasing the applicant on bail, the

Trial Court shall verify the criminal antecedents of the applicant and if

it is found that the applicant has a criminal antecedents, then this order

would automatically lose its effect and the Trial Court shall not be

under an obligation to release the applicant on bail.

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)
(alok)                                                           Judge




ALOK KUMAR
2022.01.07 16:42:33 +05'30'