Gajram vs The State Of Madhya Pradesh
2022 Latest Caselaw 3618 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-12671-2022 Gajram Vs. State of MP

Gwalior, Dated : 14.03.2022

Shri J.S. Kushwah, Counsel for the applicant.

Smt. Anjali Gyanani, Counsel for the State.

Case diary is not available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 11.10.2021 in connection

with Crime No.109/2021 registered at Police Station Chanderi Distt.

Ashoknagar 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 bulk 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

State. It is submitted that in absence of police case diary, he is not in

a position to apprise this Court about 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) with

THE HIGH COURT OF MADHYA PRADESH MCRC-12671-2022 Gajram Vs. State of MP

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.

Before releasing the applicant on bail, the Trial Court shall

verify the criminal antecedents of the applicant and if it is found that

the applicant has criminal cases to his credit, then this order shall

automatically 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.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.03.14 17:57:54 +05'30'