Madiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 22685 MP

Madhya Pradesh High Court

Madiya vs The State Of Madhya Pradesh on 28 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                 1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 28 th OF DECEMBER, 2023
                                            MISC. CRIMINAL CASE No. 57718 of 2023

                           BETWEEN:-
                           MADIYA S/O JAMSINGH SINGAR, AGED   21 YEARS,
                           OCCUPATION: LABOURER GRAM BAVRIKHODRA, P.S.
                           AMJHERA, DISTRICT DHAR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SIDDHARTH JAIN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION AMJHERA, DISTRICT DHAR (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI TARUN PAGARE - PANEL LAWYER)

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

Case diary is not available.

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

3. Applicant has been arrested on 5.11.2023 in connection with Crime No. 651/2023 registered by Police Station Amjhera, District Dhar for offence punishable under Section 34(2) of M.P. Excise Act.

4. It is submitted by counsel for the applicant that since the court below has passed an elaborate order, therefore, his application may be considered on

the basis of the same. According to the prosecution case, 81 bulk liters of

country-made liquor was seized from the possession of the applicant. Applicant has been falsely implicated in the case. The trial is likely to take sufficiently long time. Even otherwise in the rejection order there is no mention of criminal antecedent of applicant, therefore, it is clear that the applicant is the first offender.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that in absence of police case diary, he is not in a position to make a statement with regard to the criminal antecedents of the applicant. However, in the rejection order, there is no mention of criminal antecedents of the applicant.

6. Considering the quantity of liquor seized from the possession of applicant, period of detention coupled with the fact that applicant has no criminal history, the application is allowed. It is directed that the applicant shall 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. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

8. 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.

(G.S. AHLUWALIA) V. JUDGE

BDJ