Madhya Pradesh High Court
Shrilal 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. 54328 of 2023
BETWEEN:-
SHRILAL S/O BALWAN KANJAR, AGED ABOUT 50
Y E A R S , R/O GRAM CHOTA BERISIYA TEHSIL
NARSINGHGARH DISTT. RAJGARH (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI AKHILESH KUMAR SAXENA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION NARSINGHGARH
DISTT. RAJGARH (MADHYA PRADESH)
.....RESPONDENT
(BY MS. NISHA JAISWAL - PL)
This application coming on for admission this day, the court passed
the following:
ORDER
Case diary is available.
2. This first application under Section 439 of Cr.P.C. has been filed for
grant of bail. The applicant has been arrested in connection with Crime
No.542/2023 registered at Police Station Narsinghgarh, Distt. Rajgarh for
offence under Section 34(2) of M.P. Excise Act. The applicant is in jail from
23.11.2023.
3. It is submitted by learned counsel for applicant that according to the
prosecution case, on 1.9.2023 the house of the applicant was raided. It is
alleged that the applicant ran away and 108 litres of beer was recovered from
outside the house of the applicant. It is submitted that the applicant is in jail for
the last more than one month. In view of the criminal antecedents he is ready
and willing to abide by any stringent conditions which may be imposed by the
court.
4. Per contra, the application is vehemently opposed by the counsel for
the State. It is submitted that applicant has a criminal history and six more
offences have been registered against him.
5. Considering the quantity of beer seized from the applicant coupled
with the fact that he is in jail for the last more than one month but in the light of
his criminal antecedents according to which apart from other four offences two
more offences u/S.35(2) of Excise Act were registered, this Court is of the
considered opinion that he can be granted bail on stringent conditions.
6. Accordingly, 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 directed that the applicant shall appear before the S.H.O.
Police Station Narsinghgarh, District Rajgarh on 1st of every month
during the pendency of the Trial. In case of bail jump or non-appearance of the
applicant before the police station as directed by this Court, this order shall lose
its effect.
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.
Certified copy as per Rules.
(G.S. AHLUWALIA)
V. JUDGE
VM
