Bhupendra @ Gulati vs The State Of Madhya Pradesh
2022 Latest Caselaw 8276 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
              HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                           ON THE 22nd OF JUNE, 2022

                MISC. CRIMINAL CASE No. 28691 of 2022

         Between:-
         BHUPENDRA @ GULATI S/O SHRI UDAY SINGH ,
         AGED ABOUT 30 YEARS, OCCUPATION: LABOUR
         LAKHIMPUR (MADHYA PRADESH)

                                                                 .....PETITIONER
         (BY SHRI ARSAD ALI - ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         P.S. MAHARAJPURA (MADHYA PRADESH)

                                                               .....RESPONDENTS
         (BY SHRI SUSHANT TIWARI- PUBLIC PROSECUTOR)

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

This is the first bail application u/S 439 of Cr.P.C. filed by the applicant for grant of bail.

T h e applicant was arrested on 16.02.2022 in connection with Crime No.133/22 by Police Station Maharajpura, District Gwalior(MP) for the offence punishable under Sections 49(A) of M.P.Excise Act.

I n brief, the prosecution case is that on Police Sub Inspector Maharajpura Ramkishore Joshi on 16.02.2022 got a secret information that one person at Lakmipur Kabristhan is standing to sale illicit liquor. On this information, he along with Police force reached there. They saw one person is coming with plastic cane in his hand. He was caught hold. On enquiry, he

narrated his name as Bhupendra @ Gutali, S/o Shri Uday Singh,resident of Dagas market. On search from plastic cane, four liter liquor was found appears to be poisonous on physical examination. He could not justify the possession of aforesaid liquor. Hence liquor was seized and he was arrested on the spot. Thereafter, aforesaid offence was registered. Sample of liquor was sent for analysis to the concerned laboratory. Statements were recorded. Charge-sheet has been filed before trial Court. Without confirmation whether aforesaid liquor was poisonous or not, it is very surprising factor that only on physical examination, Police Sub Inspector Mr. Ram Kishore Joshi came to the conclusion that liquor found in the possession of applicant was poisonous. If

he had a doubt, he ought to have given notice under Section 41-A of Cr.P.C. in the light of the judgment passed by the Hon'ble Supreme in the case of Arnesh Kumar Vs.State of Bihar (2014) 8 SCC 273.

Earlier also this Court experienced the same kind of investigation by concerned Police authorities which is highly deprecated. At Gwalior, besides Superintendent of Police, D.I.G and superior officers of the Rank of Additional Director General of Police is stationed to supervise what their inferior Police Officers are doing whether they are doing investigation as per prescribed procedure in law but to my utter surprise, this act of Police Sub Inspector Ram Kumar Joshi clearly indicates that the superior officers are not supervising their inferior officers' investigation.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard. Case diary perused. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the

application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. Application stands allowed and disposed of.

Superior Officers posted at Gwalior Range are directed to supervise the investigation done by their inferior Police Officers whether they are doing investigation as per law and the procedure in the light of law laid down by the concerned Court.

Let a copy of this order be sent to the Additional Director General of Police, D.I.G., Superintendent of Police, Gwalior,for necessary action and compliance.

Copy of this order be also sent to the trial Court concerned for compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2022.06.23 12:01:10 -07'00'