Madhya Pradesh High Court
Ghanshyam vs The State Of Madhya Pradesh on 11 January, 2022
Author: Subodh Abhyankar
1
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.273 OF 2022
(Ghanshyam vs The State of Madhya Pradesh)
Indore, Dated 11.01.2022
Heard the arguments through video conferencing.
Mr. Harsh Wardhan Sharma, Counsel for the Applicant.
Mr. Sameer Verma, Counsel for the Non-Applicant/State.
ORDER
This is second bail application filed by the applicant -
Ghanshyam S/o Shri Gopal Chouhan under Section 439 of
Code of Criminal Procedure, 1973 for grant of bail in
connection with Crime No.234/2021 registered at Police-
Station - Ambua, District - Alirajpur (MP) for the offence
punishable under Section 34(2) of MP Excise Act, 1915 and
the applicant is in custody since 27.10.2021.
The first bail application was dismissed as withdrawn
passed by this Court in MCRC No.58409 of 2021 vide order
dated 07.12.2021 with liberty to renew the prayer after
completion of two month's incarceration.
The allegation against the present applicant was that he
was involved in the aforesaid offence wherein a quantity of
241.80 bulk litres of unauthorized liquor has been seized from
the present applicant and the other co-accused persons.
Counsel for the applicant submits that applicant is
innocent and has been falsely implicated in the aforesaid
offence. He has further submitted that two months have
already been elapsed since the applicant's jail incarceration.
He also submits that out of the above total quantity of liquor,
only 61 bulk litres had been seized from the present applicant.
It is fairly admitted by the Counsel that there are as many as
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.273 OF 2022
(Ghanshyam vs The State of Madhya Pradesh)
twelve cases registered against him in the year 2014 and a
case under Section 34(2) of MP Excise Act has also been
registered in the year 2014 in which he has already been
acquitted vide judgment dated 25.02.2015 and the earlier
cases registered against him are of minor in nature. He further
submits that applicant is in jail since 27.10.2021 and the
conclusion of trial would take considerably long time. On these
grounds, he prays for enlargement of the applicant on bail.
Per contra, Counsel for the non-applicant/State
vehemently opposes the bail application and has also
submitted that case diary is not available in the matter.
After due consideration of the facts and circumstances of
the case and the documents available on record, as well as the
submissions made by Counsel for the applicant, I am of the
opinion that a case is made out for grant of bail to the present
applicant. Accordingly, the bail application filed by the
applicant - Ghanshyam S/o Shri Gopal Chouhan is allowed.
The applicant is directed to be released on bail on his
furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lakh) with one solvent surety of the like amount
to the satisfaction of Trial Court/Committal Court for his regular
appearance before the Trial Court/Committal Court during trial
with a condition that he shall remain present before the Court
concerned during the trial as and when required by the trial
Court.
Looking to the past criminal antecedents of the applicant,
it is also directed that the applicant shall mark his presence
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.273 OF 2022
(Ghanshyam vs The State of Madhya Pradesh)
before the concerned police-station on every Sunday, failing
which this order shall stand cancelled. The applicant shall also
abide by the conditions enumerated under Section 437(3) of
Code of Criminal Procedure, 1973.
Miscellaneous Criminal Case No.273 of 2022 stands
allowed and is disposed of in above terms. Let a copy of this
order be sent to the concerned Court for compliance.
Certified copy as per Rules.
(SUBODH ABHYANKAR)
Arun/- JUDGE
ARUN NAIR
2022.01.11 17:26:27
+05'30'
