Amir Shaikh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22547 MP

Madhya Pradesh High Court

Amir Shaikh vs The State Of Madhya Pradesh on 27 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                               1
                                 IN        THE    HIGH COURT OF MADHYA
                                                      PRADESH
                                                    AT GWALIOR
                                                 BEFORE
                              HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 27 th OF DECEMBER, 2023
                                           (THROUGH VIDEO CONFERENCING)
                               MISCELLANEOUS CRIMINAL CASE No. 55900 of 2023

                          BETWEEN:-
                          AMIR SHAIKH S/O NABAB SHAIKH, AGE ABOUT 22
                          Y E A R S , OCCUPATION: LABOUR,  R/O BES
                          DARWAJA KILE ANDAR, VIDISHA DISTRICT
                          VIDISHA (MADHYA PRADESH)

                                                                                    .....APPLICANT
                          (SHRI GAURAV MISHRA - LEARNED COUNSEL FOR THE
                          APPLICANT THROUGH VIDEO CONFERENCING).

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION KOTWALI VIDISHA DISTRICT
                          VIDISHA (MADHYA PRADESH)

                                                                                  .....RESPONDENT
                          (SHRI I.S ASTHANA -PENAL LAWYER FOR STATE)

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

                          passed the following:
                                                               ORDER

Case diary is available.

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

3. The applicant has been arrested on 29.10.2023 in connection with Crime No.644/2023 registered by Police Station - Kotwali Vidisha,

District Vidisha, for offence punishable under Section 49 (A) of Excise Act.

4. It is submitted by Counsel for the applicant that according to the prosecution case, 10 bulk liters of country made liquor which is alleged to be unfit for human consumption has been seized from the possession of the applicant. It is submitted that applicant has been falsely implicated. Although the applicant in jail for the last two months, 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 prosecution case.

5. Per contra, the application is opposed by Counsel for the

respondent/State. It is submitted that applicant has criminal history of two more criminal cases, out of which, one offence is of similar nature. However, it is fairly conceded that FSL report has not been received.

6. Considering the totality facts and circumstances of the case as well as period of detention and 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.

7. It is further clarified 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.

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

9. In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

10. Certified copy as per rule.

(G.S. AHLUWALIA) V. JUDGE Aman