Banti Alias Shailendra Solanki vs The State Of Madhya Pradesh
2022 Latest Caselaw 7550 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                    BEFORE
                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                            ON THE 30th OF MAY, 2022

                  MISC. CRIMINAL CASE No. 26130 of 2022

         Between:-
         BANTI ALIAS SHAILENDRA SOLANKI S/O
         LAXMAN SINGH SOLANKI , AGED ABOUT 40
         YEAR S, OCCUPATION: AGRI. VILL. PANIHAR
         GWALIOR (MADHYA PRADESH)

                                                                 .....PETITIONER
         (BY SHRI RAJMANI BANSAL -ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION P.S. PANIHAR (MADHYA
         PRADESH)

                                                               .....RESPONDENTS
         (BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR )

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

This is the first bail application u/S.439 Cr.P.C filed by the applicant for

grant of bail.

T h e applicant was arrested on 4.4.2022 in connection with Crime No.182/2021 by Police Station Panihar, District Gwalior (MP) for the offence punishable under Sections 34(2), 49(A) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 1746 bulk litres of country made liquor has been seized from the possession of the applicant and the co-accused. It is also alleged that a huge quantity of raw material for manufacturing illegal liquor, machinery is

also seized. However, it is submitted that the applicant is in jail near about two months.The FSL report has not been received, therefore, it is not known as to whether the liquor seized from the possession of the applicant is unfit for human consumption or not. 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. However, after going through the case diary, it is fairly conceded that neither the FSL report has been received nor the case diary contains any criminal antecedents of 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 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 made clear that after the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court. Otherwise, this order shall remain in force, till the conclusion of Trial. It is further directed that the applicant shall appear before the S.H.O. Police Station Panihar, District Gwalior on 1st of every month during the pendency of the Trial. In case of bail jump or nonappearance 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 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.

(DEEPAK KUMAR AGARWAL) V. JUDGE mani

SUBASRI MANI 2022.05.31 11:55:25

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