Devendra Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 7496 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                    BEFORE

             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 23rd OF MAY, 2022

        MISCELLANEOUS CRIMINAL CASE No. 24653 of 2022

         Between:-
         DEVENDRA KUSHWAH S/O SHIVRAM SINGH
         KUSHWAH, AGE 38 YEARS, OCCUPATION-
         AGRICULTURIST,   R/O    BSF  COLONY
         MAHARAJPURA,     DISTRICT-  GWALIOR
         (MADHYA PRADESH)

                                                               .....APPLICANT
         (BY SHRI ANURAG SHARMA - ADVOCATE )

         AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION- MAHARAJPURA, DISTRICT-
         GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENT
         (BY SHRI PRAMOD PACHORI - ADVOCATE)


       This application coming on for hearing this day, the Court passed the
following:


                                    ORDER

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 24/03/2022 in connection with Crime No.225/2022 registered by Police Station Maharajpura, District Gwalior for offence punishable under Section 49(A) of M.P. Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, five liters of country made liquor, which is alleged to be unfit for human consumption has been seized from the possession of the applicant. The applicant is in jail from 24/03/2022 but the FSL report has not been received. 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 vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal antecedent and one more criminal case under Sections 294, 323 and 324 of IPC has been registered against the applicant.

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 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 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) V. JUDGE rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd e4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.05.23 18:33:54 +05'30'