Deepak Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 8801 MP

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

        MISCELLANEOUS CRIMINAL CASE No. 31898 of 2022

         Between:-
         DEEPAK MEENA S/O SHRI SHRIKISHAN
         MEENA,    AGED   26 YEARS, OCCUPATION:
         AGRICULTURIST, R/O VILLAGE MANPURIYA,
         POLICE STATION KUMBHRAJ, DISTRICT GUNA
         (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI GAGAN SHARMA - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION KUMBHRAJ DISTRICT GUNA
         (MADHYA PRADESH)

                                                             .....RESPONDENTS
         (BY SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR)

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

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 11.04.2022 in connection with Crime No.79/2022 registered by Police Station Kumbhraj, District Guna for offence punishable under Sections 34(2) and 49(A) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, five litres of country made liquor which is alleged to be unfit

for human consumption has been seized from the possession of the applicant. Although the applicant is in jail for the last more than one and half months but the FSL report has not been received. 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 the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that the applicant has a criminal history and two more criminal cases have been registered against him. However, it is fairly conceded that neither any offence under M.P. Excise Act nor NDPS Act was

registered nor any heinous offence was registered against the applicant.

Considering the facts and circumstances of the case, 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 trial but in case of bail jump, it shall become ineffective.

It is further clarified that after receipt of FSL report, if it is found that the liquor seized from the possession of the applicant was unfit for human consumption, then this order shall automatically lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent

to the complainant.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.07.01 18:14:07 +05'30'