Madhya Pradesh High Court
Diwan Parihar vs The State Of Madhya Pradesh on 24 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:15468
1 MCRC-33233-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 24th OF JULY, 2025
MISC. CRIMINAL CASE No. 33233 of 2025
DIWAN PARIHAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri R.K. Gatwar - Advocate for the applicant.
Shri Samar Ghuraiya - Public Prosecutor for respondent - State.
ORDER
This is Third application filed by the applicant under Section 483
of the BNSS for grant of bail relating to FIR No. 126 of 2023 registered
at Police Station - Satanwada, District Shivpuri (M.P.) for the offence
under Section 49-A of M.P. Excise Act. The first bail application was
dismissed as withdrawn vide order dated 03/10/2023 passed in M.Cr.C.
No. 43828/2023 and second bail application was allowed vide order
dated 07/12/2023 passed in M.Cr.C. No. 49992/2023.
2. This is a case of bail jump.
3. Earlier the applicant-accused was released on bail vide order
dated 07/12/2023 passed in M.Cr.C. No. 49992/2023, however, during
the course of trial, he remained absent before the trial court on a fixed
date, thereafter, he was arrested on 16.06.2025 and since then he is under
custody.
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4. Learned counsel for the applicant argued that applicant is an
innocent person and has been falsely implicated. He further submits that
absence of the applicant before the court below is bona-fide since
applicant is a labour and he went outside for his livelihood, therefore, he
could not appear before the trial Court. The applicant is in custody since
16.06.2025. The applicant is permanent resident of District Shivpuri
(M.P.). The applicant undertakes that henceforth he will fully co-operate
in trial and submits that bail application be considered by imposing some
stringent condition.
5. Per contra, learned counsel for the State vehemently opposed
the bail application and prayed for its dismissal.
6. Heard learned counsel for the rival parties and perused the case
diary available on record.
7. Considering the facts and circumstances of the case and so far
as Section 49-A of M.P. Excise Act is concerned, wherein, seized liqour
was found unfit for human consumption, the said aspect is required to be
taken into consideration by the trial court at the time of passing the final
judgment. Therefore, this Court is inclined to enlarge the applicant on
bail by imposing stringent condition, but without expressing any opinion
on merits of the case, this application is allowed, but with certain
stringent condition in view of nature of offence and conduct of the
applicant and it is directed that on furnishing fresh bail bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties
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in the like amount to the satisfaction of the trial Court, he should be
released on bail.
8. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of
the bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the
case may be;
iii) The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing such facts to the Court
or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not
repeat the offence in future. In case, if he/she is found involving in the
offence of the same nature, this bail order shall stand cancelled
automatically without further reference to the Bench.
v) The applicant will not seek unnecessary adjournments during
the trial; and
vi) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case may be.
vii) The applicant shall appear and mark his attendance before the
SHO of the police station concerned once on First Saturday of every
month between 10 Am to 2 Pm till conclusion of the trial, failing which,
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it would be open for the prosecution to file an application for
cancellation of bail.
9. Learned State counsel is directed to send copy of this order to
the Station House Officer of the concerned Police Station for
information and necessary action.
10. Copy of this order be sent to the trial Court concerned for
compliance by the office of this Court.
11. Certified copy as per rules.
(AMIT SETH)
JUDGE
Durgekar
