Mulayam Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 10316 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 29th OF JULY, 2022

               MISC. CRIMINAL CASE No. 36855 of 2022

        Between:-
        MULAYAM YADAV S/O SHRI MANRAM YADAV,
        AGED 20 YEARS, R/O KULETH, POLICE STATION
        TIGHRA,   DISTRICT GWALIOR       (MADHYA
        PRADESH)

                                                                .....APPLICANT
        (BY SHRI D.K.PATHAK-ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION TIGHRA (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SMT. ANJALI GYANANI-PUBLIC PROSECUTOR )

      This application coming on for hearing this day, the court passed the
following:
                                   ORDER

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for

grant of bail. The second application was dismissed as withdrawn by order dated 01.07.2022 passed in M.Cr.C. No.31718/2022.

The applicant has been arrested on 20.06.2022 in connection with Crime No.133/2021 registered at Police Station Tighra Distt. Gwalior for offence under Sections 34 (2) & 46-A of M.P. Excise Act.

It is submitted by the counsel for the applicant that earlier applicant was granted bail by order dated 31.08.2021 passed in M.Cr.C. No.43228/2021 with

a stipulation that in case if it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerning trial Court. Thereafter, the applicant appeared before the Trial Court on 20.06.2022 and in view of the stipulation contained in the bail order, he was taken into custody. It is submitted that second bail application of applicant was withdrawn by order dated 01.07.2022 passed in M.Cr.C. No.31718/2022 with liberty to revive the prayer alongwith the complete order sheets of the Trial Court to show that on what date the FSL report has been filed. It is submitted that he has filed the order sheets. On 08.12.2021, the charge-sheet was filed along-with FSL report

but the case was fixed for framing of charge on 28.01.2022. On 28.01.2022, because of COVID-19 pandemic, only the urgent cases were being taken up by the Trial Court, and accordingly, the case was adjourned for 05.05.2022. On 05.05.2022 and 14.06.2022, application under Section 317 of Cr.P.C was filed and the case was fixed for 20.06.2022. On 20.06.2022, the the applicant was taken into custody. Thus, it is clear that there was no willful default on the part of applicant to surrender after the receipt of FSL report. He is in jail from 20.06.2022. On earlier occasion also he had remained in jail for a period of about one month and ten days. According to the prosecution case, 72 bulk liters of country made liquor was seized from the possession of applicant which has been found unfit for human consumption. Although, the minimum sentence for offence under Section 49-A(1)(d)(i) of the M.P. Excise Act is six months but he is in jail from 20.06.2022 (i.e. approximately two months and twenty days). 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 applicant has no criminal history.

Heard the learned counsel for the parties.

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.

This order shall remain effective till the end of the 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 & 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 rule.

(G.S. AHLUWALIA) JUDGE Aman

AMAN TIWARI 2022.07.29 18:27:47 +05'30'