Dharmendra Alias Golu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6659 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.19908/2022
         (DHARMENDRA @ GOLU VS. STATE OF M.P.)


Gwalior, Dated : 04/05/2022

       Shri Anshu Gupta, learned counsel for the applicant.

       Shri C.P.Singh, 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 18/02/2022 in connection

with Crime No.75/2022 registered at Police Station Chachoda,

District Guna 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 bulk litres of country made liquor has

been seized from the possession of the applicant. The applicant is in

jail from 18/02/2022. The FSL report has not been received to show

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

to health or unfit for human consumption. In view of the criminal

antecedents, he is ready and willing to abide by any stringent

condition, which may be imposed by this Court. 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
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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.19908/2022
        (DHARMENDRA @ GOLU VS. STATE OF M.P.)


respondent/State. It is submitted that the applicant has a criminal

history and as many as 11 more criminal cases have been registered

against him apart from preventive measures on two occasions.

However, it is submitted that the offence, which was registered under

Section 307 of IPC has resulted in acquittal and all other offences are

not of heinous in nature. However, it is submitted that one more

offence under Section 34 of M.P. Excise Act has been registered.

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 shall be released on bail on furnishing cash

surety of Rs.1,00,000/- (Rupees One Lac) 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.

It is made clear that after receipt of FSL report, if it is found that

THE HIGH COURT OF MADHYA PRADESH MCRC No.19908/2022 (DHARMENDRA @ GOLU VS. STATE OF M.P.)

the liquor seized from the possession of the applicant was unfit for

human consumption, then this order shall automatically lose its effect

and the applicant shall be under obligation to immediately surrender

before the Trial 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.

Certified copy as per rules.

                                                               (G.S. Ahluwalia)
Pj'S/-                                                               Judge

     Digitally signed by
     PRINCEE BARAIYA
     Date: 2022.05.04
     16:33:42 -07'00'