Ramesh Goswami vs The State Of Madhya Pradesh
2022 Latest Caselaw 7862 MP

                                 1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 15th OF JUNE, 2022

            MISC. CRIMINAL CASE No. 25204 of 2022

        Between:-
        RAMESH GOSWAMI S/O KISORI GOSWAMI
        , AGED - 55 YEARS, OCCUPATION: LABOUR,
        R/O MAJZID KE PICHE, INDERGARH,
        DISTRICT DATIA (MADHYA PRADESH)

                                                           .....APPLICANT
        (BY MS. HARSHITA MISHRA-ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH
        THROUGH POLICE STATION INDERGARH,
        DISTRICT DATIA (MADHYA PRADESH)

                                                         .....RESPONDENT
        (BY SHRI A.K. NIRANKARI - ADVOCATE)

      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 19.04.2022 passed in M.Cr.C. No.16698/2022.

The applicant has been arrested on 17.03.2022 in connection with Crime No.92/2022 registered at Police Station Indergarh Distt. Datia for offence under Section 49(A) of Excise Act.

It is submitted by the counsel for the applicant that according to the

prosecution case, 10 liters of OP (concentrated form of liquor) which was unfit for human consumption was seized from the possession of applicant. It is submitted that in fact it was a sanitizer. It was seized from his home. He is in jail for the last three months. 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. It is submitted that OP was seized from a platform situated outside the house of applicant and as per the FSL report, it contains 96.62% ethyl alcohol.

In reply, it is submitted by counsel for applicant that sanitizer is also

manufactured by using ethyl alcohol.

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 2022.06.15 17:55:06 +05'30'