Shakeel Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7589 MP

                                 1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                               BEFORE
            HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 6th OF JUNE, 2022

                    MISC. CRIMINAL CASE No. 24264 of 2022

        Between:-
        SHAKEEL KHAN S/O LAL KHAN, AGED 24
        YEARS, R/O AHIR MARORA, POLICE STATION
        POHRI,   DISTRICT  SHIVPURI   (MADHYA
        PRADESH)

                                                              .....APPLICANT
        (BY SHRI D.R. SHARMA - ADVOCATE )

        AND

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

                                                            .....RESPONDENT
        (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.

T he applicant has been arrested on 4.5.2022 in connection with Crime No.100/2022 registered at Police Station Pohri, District Shivpuri for offence under Section 34(2) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 59.400 litres of country made liquor has been seized

from the possession of the applicant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that the applicant has no criminal history.

Per contra, the application is opposed by the counsel for the respondent/State. However, after going through the police case diary, it is fairly conceded by the counsel for the State that there is nothing in the diary to indicate the criminal antecedents of 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.

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) V. JUDGE (alok) ALOK KUMAR 2022.06.06 18:10:42 +05'30'