Panjab Kanjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 782 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2347/2022 (PANJAB KANJAR Vs THE STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 17/01/2022

Shri D.R. Sharma, Counsel for applicant.

Shri A.P.S. 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 24.09.2021 in connection

with Crime No.86/2021 registered by Police Station Bhaguapura Distt.

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

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

the prosecution case, 55 bulk liters of country made liquor was seized

from the possession of applicant. It is true that 8 more criminal cases

were registered against him but he has already been acquitted in all

those cases except one case registered under Section 307 of IPC in

which trial is still pending. The applicant is in jail from 24.09.2021 i.e.

approximately four months. In view of criminal antecedents, the

applicant is ready and willing to abide by any stringent condition

which may be imposed by the Court. 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 vehemently opposed by the

Counsel for the State. It is submitted that applicant has a criminal

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2347/2022 (PANJAB KANJAR Vs THE STATE OF MADHYA PRADESH)

history and 8 more criminal cases were registered against him.

However, he fairly conceded that no offence under M.P. Excise Act or

NDPS Act was ever registered against the applicant.

Considering the facts and circumstances of the case 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 Bhaguapura, District Datia 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.

In the light of the judgment passed by the Supreme Court in the

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 2022.01.18 11:18:49 +05'30'