Citation : 2022 Latest Caselaw 407 MP
Judgement Date : 7 January, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.201/2022
Shyam alias Shyamu Singh vs. State of M.P.
Gwalior, Dated : 07/01/2022
Shri Rajmani Bansal, Counsel for the applicant.
Shri A.P.S. Tomar, 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 15.12.2021 in connection
with Crime No.1388/2021 registered at Police Station City Kotwali,
District Morena for offence under Sections 34(2), 47(A) of Excise Act
and under Section 420 of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, 72 litres of English Wine has been seized from
the possession of 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. It is further submitted that the applicant has
no criminal history.
Per contra, the application is opposed by the counsel for the
respondent/State. However, after going through the police case diary,
it is fairly conceded by the counsel for the State that there is nothing in
the diary to indicate the criminal antecedents of the applicant.
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.201/2022 Shyam alias Shyamu Singh 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.
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 16:40:16 +05'30'
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