Kashiram Adiwasi (Mongia) vs The State Of Madhya Pradesh
2022 Latest Caselaw 6832 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 22261/2022
         [KASHIRAM ADIWASI (MONGIA) Vs THE STATE OF M.P.]



Gwalior, Dated : 06/05/2022

      Shri Surajbhan Lodhi, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 20.03.2022 in connection

with Crime No.30/2022 registered by Police Station - Surwaya,

District Shivpuri, for offence punishable under Sections 34(1) and 49

(A) of Excise Act.

      It is submitted by Counsel for applicant that according to the

prosecution case, 20 liters of country made liquor has been seized

from the possession of applicant. Although it is alleged that the liquor

is unfit for human consumption, but no FSL report has been received

so far. Applicant is in jail for more than one month. The trial is likely

to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

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

respondent/State. However, it is fairly conceded that neither the

applicant has any criminal antecedent nor the FSL report has been

received.

Heard the learned counsel for the parties.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 22261/2022 [KASHIRAM ADIWASI (MONGIA) Vs THE STATE OF M.P.]

Considering the facts and circumstances of the case and 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 Only) 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 the trial but in

case of bail jump, it shall become ineffective.

It is further clarified that after receipt of FSL report, if it is

found that 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.05.06 16:03:26 +05'30'