Bhagwan Das Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13702 MP

                                 1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                     ON THE 17th OF OCTOBER, 2022

    MISCELLANEOUS CRIMINAL CASE No. 49325 of 2022

       BETWEEN:-
       BHAGWAN DAS SINGH S/O SHRI ANANT
       RAM GOSWAMI, AGE 55 YEARS, R/O
       VILLAGE GORMI, WARD NO 3, TEHSLIL
       MEHGAN & DISTRICT BHIND, (MADHYA
       PRADESH)

                                                         .....APPLICANT
       (BY SHRI RINKU SHAKYA-ADVOCATE)

       AND
       STATE OF MADHYA PRADESH THROUGH
       POLICE STATION GORMI, DISTRICT
       BHIND, (MADHYA PRADESH)

                                                       .....RESPONDENT
       (BY SHRI C.P. SINGH-PANEL LAWYER)

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

Case Diary is available.

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed by order dated 30.08.2022 passed in M.Cr.C. No.40589/2022.

The applicant has been arrested on 03.04.2022 in connection with Crime No.77/2022 registered by Police Station Gormi, District Bhind for offence punishable under Section 34(2), 49A, 42 of Excise Act.

It is submitted by the counsel for the applicant that the previous bail applications of applicant have already been dismissed on merits but the third application of applicant was dismissed by order dated 30.08.2022 passed in M.Cr.C. No.40589/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that the minimum sentence for offence under Section 49-A of M.P. Excise Act is six months and the applicant is in jail from 03.04.2022 and he has already undergone minimum jail sentence of six months as provided under Section 49-A of M.P. Excise Act. 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 200 liters of OP, 48 bottles of plain country made liquor and other raw material worth Rs.3,00,000/- were seized from the house of the applicant. However, he fairly conceded that as per the police case diary, the applicant has no criminal history.

Considering the period of detention, 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.

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) JUDGE Aman

AMAN TIWARI 2022.10.17 17:47:50 +05'30'