Balbeer Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 9933 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 19th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 33556 of 2022

        Between:-
        BALBEER RAWAT S/O SHRI JAGAT SINGH
        RAWAT,    AGE    40  YEARS, OCCUPATION
        AGRICULTURE, R/O GRAM MITOJI KALA,
        POLICE STATION TENDUA, DISTRICT SHIVPURI
        (MADHYA PRADESH)

                                                               .....APPLICANT
        (BY SHRI D.S. RAJAWAT - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE    STATION  KOLARAS,  DISTRICT
        SHIVPURI (MADHYA PRADESH)

                                                           .....RESPONDENTS
        (BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR)

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 21.6.2022 passed in M.Cr.C.No.26774/2022.

The applicant has been arrested on 20.5.2022 in connection with Crime No.169/2022 registered at Police Station Kolaras, District Shivpuri for offence under Section 34(2) of Excise Act.

This repeat application has been filed on the ground of period of

detention. It is submitted by the counsel for the applicant that according to the prosecution case, 162 bulk litres of liquor was seized from the joint possession of the applicant and the co-accused. The applicant is in jail for the last two months. Although the applicant had a criminal history but he has been acquitted. 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 vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and one more criminal case was registered against him.

Considering the quantity of liquor 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 Kolaras, District Shivpuri 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 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 2022.07.19 14:36:21 +05'30'