Chetan Shivhare vs The State Of Madhya Pradesh
2022 Latest Caselaw 932 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 651/2022
       (CHETAN SHIVHARE Vs THE STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 19/01/2022

      Shri Mohit Shivhare, Counsel for applicant.

      Shri Naval Gupta, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 20.12.2021 in connection

with Crime No.231/2021 registered by Police Station - Hazira,

District Gwalior for offence punishable under Section 34 (2) of

Excise Act.

      It is submitted by the Counsel for the applicant that total 135

liters of country made liquor has been seized from the possession of

co-accused persons. The applicant has been implicated on the basis of

memorandum of co-accused which is not admissible in the light of

Sections 25 and 26 of Evidence Act. In view of the 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 opposed by the Counsel for the

respondent/State. However, it is fairly conceded that except the

THE HIGH COURT OF MADHYA PRADESH MCRC No. 651/2022 (CHETAN SHIVHARE Vs THE STATE OF MADHYA PRADESH)

memorandum of co-accused, there is no substantive evidence against

the applicant. It is further submitted that applicant has a criminal

history and as many as 9 more criminal cases have been registered

against him including 5 under M.P. Excise Act.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case, as well as

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 Hazira, 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.

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.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 651/2022 (CHETAN SHIVHARE Vs THE STATE OF MADHYA PRADESH)

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.01.20 10:35:56 +05'30'