Suresh Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 4324 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.15125/2022
               Suresh Jatav Vs. The Sate of M.P.

Gwalior, Dated:28/03/2022

      Shri R.P. Gupta, Counsel for the applicant.

      Shri PPS Vajeeta, Counsel for the State.

      Case Diary is available.

      This second application under Section 439 of CrPC has been

filed for grant of bail. The first application was dismissed by order

dated 22/2/2022 passed in M.Cr.C. No.9384/2022.

      The applicant has been arrested on 2/2/2022 in connection with

Crime No.62/2021 registered at Police Station Panihar, Distt. Gwalior

for offence under Sections 34(1) and 49 (a) of the M.P Excise Act.

      It is submitted by the counsel for the applicant that according to

the prosecution case, 5 liters of country made liquor, which is alleged

to be unfit for human consumption, has been seized. The offence was

committed on 4/5/2021, i.e. prior to amendment and thus, the

minimum sentence is two months and the applicant is in jail from

2/2/2022

, therefore, he is likely to complete the minimum sentence of

two months. The trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with the prosecution

case. In view of the criminal antecedents, he is ready and willing to

abide by any stringent condition which may be imposed by the Court.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and out of four criminal cases, one more offence has been

registered under M.P. Excise Act and as per the FSL report, the liquor

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15125/2022 Suresh Jatav Vs. The Sate of M.P.

seized from the possession of the applicant was found to be unfit for

human consumption.

Considering the criminal history of the applicant as well as in

view of the FSL report, the applicant can be granted bail on stringent

condition. Accordingly, without commenting on the merits of the case,

the application is allowed. It is directed that the applicant shall be

released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees

One Lac Only) 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 single default in appearance before the Trial

Court, or in case of registration of new offence, this bail order shall

automatically come to an end and the cash surety so furnished by the

applicant shall automatically stand forfeited without any reference to

the Court.

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.

CC as per rules.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2022.03.29 14:52:27 +05'30'