Dharmendra Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6917 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 22770/2022
         (DHARMENDRA JATAV Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 07/05/2022

      Shri Surajbhan Lodhi, Counsel for applicant.

      Ms. Kalpana Parmar, Counsel for 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 27.03.2022 in connection

with Crime No.145/2022 registered by Police Station - Picchore,

District Shivpuri for offence punishable under Section 34 (2) of

Excise Act.

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

the prosecution case, 54 bulk liters of illicit liquor has been seized

from the possession of the applicant. It is submitted that applicant is in

jail for more than one month. In the FSL report, the liquor has not

been found unfit for human consumption. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tempering with prosecution witnesses.

      Per contra, the application is vehemently opposed by the

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

history of two more cases i.e. one under Sections 325, 323 of IPC and

another under Sections 323, 294, 506 of IPC.

      Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed. It is
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                                   THE HIGH COURT OF MADHYA PRADESH
                                               MCRC No. 22770/2022
                                 (DHARMENDRA JATAV Vs STATE OF MADHYA PRADESH)

                        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.

                              It is further directed that the applicant shall appear before the

                        S.H.O. Police Station Picchore, District Shivpuri on 1st of every

                        month during the pendency of the Trial. In case of bail jump or non-

                        appearance of the applicant 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 & 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 rules.

                                                                              (G.S. Ahluwalia)
                                                                                  Judge

        Aman

AMAN TIWARI
2022.05.07

18:03:27 +05'30'