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Madhya Pradesh High Court
Surendra Alias Panda Sharma (Note In ... vs The State Of Madhya Pradesh on 20 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:6640
1 MCRC-8030-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8030 of 2026
SURENDRA ALIAS PANDA SHARMA (NOTE IN TRIAL COURT
ORDER THE CAUSE TITLE IS WRITTENED AS SUNIL ALIAS P
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Divyanshu Sharma - Advocate for the applicant.
Shri Brajesh Kumar Tyagi - PP for the State.
ORDER
This is first application filed by the applicant under Section 483 of the
B.N.S.S. for grant of bail. The applicant has been arrested in connection with
Crime No.19/2026 registered at Police Station - Kotwali, District - Shivpuri
(M.P.) for the offence under Sections 34(1) and 49(A) of M.P. Excise Act.
2. As per the prosecution case, the allegation against the present
applicant is that 5 liters of poisonous liquor was seized from the possession
of the present applicant which was unfit for human consumption.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in this case. The applicant is in
custody since 08.01.2026. The alleged liquor has already been seized,
therefore, this is no requirement of custodial interrogation. The charges is
triable by JMFC. The applicant is permanent resident of District Shivpuri
(M.P.), therefore, there is no likelihood of his absconding or tampering with
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2 MCRC-8030-2026
the prosecution evidence. It is further submitted that applicant is ready and
willing to abide by all the terms and conditions imposed by this Court. No
further custodial interrogation is required in the matter. Conclusion of the
trial will take sufficiently long time. Hence, counsel prayed for grant of
regular bail to the applicant.
4. Learned counsel for the State has vehemently opposed the prayer
and prayed for its rejection by citing criminal history of seven cases.
5. Heard learned counsel for the rival parties and perused the case
diary.
6. Considering the above submissions made by the counsel for the
parties and looking to the facts and circumstances of the case and the nature
of offence, but without expressing any opinion on merits of the case, this
application is allowed and it is directed that the applicant be released on bail
on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) along with one solvent surety in the like amount to the
satisfaction of the Trial Court.
7. 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/her;
ii) The applicant will cooperate in the investigation /trial, as the case
may be;
iii) The applicant will not indulge himself/herself in extending
inducement, threat or promise to any person acquainted with the facts of the
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case so as to dissuade him/her from disclosing such acts 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.
vi) The applicant will not seek unnecessary adjournments during the
trial; and
vii) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
viii) It is made clear that if the FSL report is found positive and the
liquor is found poisonous/unfit for human consumption, then this bail order
shall stand automatically cancelled and the applicant shall surrender before
the concerned court immediately.
8. Application is allowed and disposed of.
9. E- copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Rashid
