Sheikh Naeem @ Ghutte vs The State Of Madhya Pradesh
2023 Latest Caselaw 22377 MP

Madhya Pradesh High Court

Sheikh Naeem @ Ghutte 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. 57409 of 2023

                           BETWEEN:-
                           SHEIKH NAEEM @ GHUTTE S/O SHEIKH SAMIUDDIN,
                           AGED ABOUT 45 YEARS, OCCUPATION: LABOURER R/O
                           ABDA DARWAZA MOHALLA JATARA P.S. JATARA
                           DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (NONE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION JATARA DISTRICT TIKAMGARH (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI A.S. BAGHEL - GOVERNMENT ADVOCATE)

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

Case diary is not available.

2. Since the Trial Court has passed an elaborate order, therefore, the application is being decided on the basis of facts mentioned in the rejection order.

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

4. Applicant has been arrested on 21.10.2023 in connection with Crime

No.386/2023 registered by Police Station Jatara, District Tikamgarh for offence punishable under Section 34(2) of M.P. Excise Act.

5. According to the prosecution case, 75 bulk liters of illicit liquor was seized from the possession of the applicant. Applicant has criminal history and 17 more cases were registered against him. However, from the details of criminal history as mentioned in the impugned order, it is clear that his criminal history starts from the year 1996 and last offence was committed in the year 2020 which was for offence under Section 13 of Gambling Act. However, the outcome of those cases have not been mentioned in the impugned order.

6. Be that whatever it may be.

7. Since applicant has a criminal history, therefore, he can be granted bail only on stringent condition.

8. Accordingly, it is directed that applicant shall be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh 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.

9. It is also directed that applicant shall appear before the S.H.O. Police

Station Jatara, District Tikamgarh on 1 s t or 15 th of every month till conclusion of trial.

10. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

11. In the light of the judgment passed by the Supreme Court in the case o f 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.

12. The application succeeds and is allowed.

(G.S. AHLUWALIA) V. JUDGE vc