Madhya Pradesh High Court
Girraj Lodha vs The State Of Madhya Pradesh on 23 March, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.14045/2022
Girraj Lodha & Anr. vs. State of M.P.
Gwalior, Dated : 23/03/2022
Shri S.S. Rajput, Counsel for the applicants.
Shri A.K. Nirankari, Counsel for the respondent/State.
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
11.2.2022 passed in M.Cr.C.No.7426/2022 with liberty to revive the
prayer after undergoing some reasonable period of detention.
The applicants have been arrested on 26.1.2022 in connection with
Crime No.62/2022 registered by Police Station Cantt, District Guna for
offence punishable under Sections 34(1)(A), 49-A of Excise Act.
It is submitted by the counsel for the applicants that according to
the prosecution case, 20 bulk litres of country made liquor which is
alleged to be unfit for human consumption has been seized from the joint
possession of the applicants. Although the applicants are in jail for the
last near about two months but the FSL report has not been received. The
previous bail application was dismissed with liberty to revive the prayer
after undergoing some reasonable period of detention. In view of the
criminal antecedents of the applicants, they are ready and willing to
abide by any stringent condition which may be imposed by the Court.
The trial is likely to take sufficiently long time and there is no possibility
of their absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel
for the respondent/State. It is submitted that the applicants have a
THE HIGH COURT OF MADHYA PRADESH
MCRC No.14045/2022
Girraj Lodha & Anr. vs. State of M.P.
criminal history and two offences under Public Gambling Act have been
registered in which they have been convicted.
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 applicants 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 each to the satisfaction of the Trial
Court/Committal Court to appear before the Court on the dates given by
the concerned Court.
It is further directed that the applicants shall appear before the
S.H.O. Police Station Cantt, District Guna on 1st of every month
during the pendency of the Trial. In case of bail jump or non-appearance
of the applicants before the police station as directed by this Court, this
order shall 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
(alok)
ALOK KUMAR
2022.03.23 18:21:29 +05'30'
