Citation : 2022 Latest Caselaw 3097 MP
Judgement Date : 4 March, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.9350/2022
(DHARMENDRA PARIHAR VS. STATE OF M.P.)
Gwalior, Dated : 04/03/2022
Shri Shivam Savita, learned counsel for the applicant.
Shri Rajiv Upadhyay, learned counsel for the State.
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 21/12/2021 in connection
with Crime No.617/2021 registered at Police Station Kotwali,
District Datia for offence under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, 60 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.
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
out of which one was registered under Section 25 of the Arms Act
and another was registered under Section 323 of IPC.
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
THE HIGH COURT OF MADHYA PRADESH MCRC No.9350/2022 (DHARMENDRA PARIHAR VS. STATE OF M.P.)
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) 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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.04
15:07:42 -08'00'
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