Madhya Pradesh High Court
Roop Balmik vs The State Of Madhya Pradesh on 12 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 864/2022
(ROOP BALMIK Vs THE STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 12/01/2022
Shri Mukesh Sharma, Counsel for applicant.
Shri Neelesh Tomar, Counsel for 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 08.04.2021 in connection
with Crime No.201/2021 registered by Police Station - Jhansi Road,
District Gwalior, for offence punishable under Sections 49 (A) of
M.P. Excise Act.
It is submitted by Counsel for the applicant that according to
the prosecution case, 4 liters of country made liquor, which is alleged
to be unfit for human consumption has been seized from the
possession of the applicant. It is submitted that applicant is in jail for
last more than 9 months. In view of the criminal antecedents, he is
ready and willing to abide by any stringent condition which may be
imposed by this Court. It is further submitted that the applicant was
never released on temporary parole in the wake of covid-19
pandemic. The trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by the Counsel for the
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 864/2022
(ROOP BALMIK Vs THE STATE OF MADHYA PRADESH)
State. It is submitted that applicant has criminal history and four more
criminal cases have been registered against him, however, it is fairly
conceded that no offence under M.P. Excise Act or NDPS Act was
ever registered against applicant.
Considering the period of detention and 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 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 further directed that the applicant shall appear before the
S.H.O. Police Station Jhansi Road, District Gwalior on 1st of
every month during the pendency of the Trial. In case of bail jump or
non-appearance of the applicant before the police station as directed
by this Court, this order shall lose its effect.
Before releasing the applicant, the Court below shall verify as
to whether the applicant was ever released on temporary parole in the
wake of Covid 19 pandemic or not. If it is found that the applicant
was released on temporary parole, then this order shall automatically
lose its effect and the Court below shall not be under obligation to
release the applicant on bail.
In the light of the judgment passed by the Supreme Court in the
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 864/2022
(ROOP BALMIK Vs THE STATE OF MADHYA PRADESH)
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
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)
Judge
Aman
AMAN TIWARI
2022.01.12
17:04:03 +05'30'
