Satwant @ Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 4323 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.14096/2022
           (SATWANT @ KALU VS. STATE OF M.P.)

Gwalior, Dated : 28/03/2022

       Shri Surendra Parashar, learned counsel for the applicant.

       Shri P.P.S.Vajeeta, 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 02/03/2022 in connection

with Crime No.36/2022 registered at Police Station Karahiya, District

Gwalior for offence under Sections 34(2) and 49-A 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 FSL report has not

been received so far. The Trial is likely to take sufficiently long time

and there is no possibility of his absconding or tampering with the

prosecution case. It is further submitted that the applicant has no

criminal history.

       Per contra, the application is opposed by the counsel for the

respondent/State. However, after going through the police case diary,

it is fairly conceded by the counsel for the State that there is nothing

in the diary to indicate the criminal antecedents of the applicant. It is

fairly conceded that the FSL report has not been received.

THE HIGH COURT OF MADHYA PRADESH MCRC No.14096/2022 (SATWANT @ KALU VS. STATE OF M.P.)

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

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.

It is made clear that after the FSL report is received, if it is

found that the liquor seized from the possession of the applicant is

unfit for human consumption, then this order shall lose its effect and

the applicant shall be under obligation to immediately surrender

before the Trial Court. Otherwise, this order shall remain in force,

till the conclusion of Trial.

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: 2022.03.28 15:40:53
         -07'00'