Kamta Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 22342 MP

Madhya Pradesh High Court

Kamta Patel vs The State Of Madhya Pradesh on 26 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                             1
                                  IN        THE    HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                              ON THE 26 th OF DECEMBER, 2023
                                             THROUGH VIDEO CONFERENCING
                                        MISC. CRIMINAL CASE No. 54590 of 2023

                           BETWEEN:-
                           KAMTA PATEL S/O BABULAL PATEL, AGED ABOUT
                           36 YEARS, OCCUPATION: PRIVATE JOB RESIDENT
                           OF VILLAGE GOURIHAR POLICE STATION
                           GOURIHAR DISTRICT CHHATARPUR (MADHYA
                           PRADESH)

                                                                                    .....APPLICANT
                           (BY SHRI SOURABH SINGH THAKUR - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE   STATION  GOURIHAR   DISTRICT
                           CHHATARPUR (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           (BY SHRI SOURABH SONI - PANEL LAWYER)

                                  T h is application coming on for admission this day, t h e court

                           passed the following:
                                                             ORDER

Case diary is available.

2. This first application under Section 439 Cr.P.C. has been filed for grant of bail.

3. The applicants have been arrested on 24.11.2023 in connection with Crime No.273/2023 registered at Police Station Gourihar, District

Chhatrpur for offence under Section 34(1) and 49(A) of M.P. Excise Act.

4. It is submitted by the learned counsel for the applicant that applicant is in jail since 24.11.2023 i.e. more than one month. The allegations are that 5 litres of liquor was seized from the possession of applicant which according to the prosecution was injurious to health. FSL report has not been received. It is further submitted that the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

5. Per-contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted by the State Counsel that the applicant has a criminal history in three more offences under Public

Gambling Act have been registered. However, it is fairly conceded that at present the FSL report has not been received to show as to whether the liquor seized from the possession of applicant was found to be injurious to health or not.

6. Heard the learned counsel for the parties.

7. According to the prosecution's case, 5 litres of liquor was seized from the possession of the applicant. However, the FSL report has not been received so far, Accordingy, this Court is of the considered opinion that since the applicant is in jail for more than one month, therefore his application can be allowed.

7 . It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. 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.

8. However it is made clear that on the receipt of the FSL report, if it is found that the liquor seized from the possession of the applicant was injurious to health, then this order shall automatically come to an end and the applicant shall be under obligation to immediately surrender before the trial Court. In case the applicant fails to surrender, then it shall be the duty of the trial Court to take the applicant in custody after issuing warrant of arrest against him.

9. In case if FSL report does not show that liquor was injurious then this order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

10. 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 DevS