Madhya Pradesh High Court
Pawan Rathore vs The State Of Madhya Pradesh on 14 January, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1928/2022
(PAWAN RATHORE Vs STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 14/01/2022
Shri S.S. Rajput, Counsel for applicant.
Shri A.P.S. Tomar, Counsel for State.
Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for
grant of bail.
The applicant has been arrested on 02.01.2022 in connection
with Crime No.03/2022 registered by Police Station - Cant Guna,
District Guna, for offence punishable under Sections 34 (1), 49-A of
Excise Act.
It is submitted by Counsel for the applicant that according to the
prosecution case, 20 liters of liquor which is alleged to be unfit for
human consumption has been seized from the possession of the
applicant. It is submitted that the FSL report has not been received,
and therefore, it is not known as to whether the liquor allegedly seized
from the possession of applicant is poisonous/unfit for human
consumption or not. In view of the criminal antecedents, the applicant
is ready and willing to contribute for fighting against COVD-19
pandemic. The trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by Counsel for the
respondent/State. However, it is fairly conceded that the FSL report
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THE HIGH COURT OF MADHYA PRADESH MCRC No. 1928/2022 (PAWAN RATHORE Vs STATE OF MADHYA PRADESH) has not been received. It is further submitted that as per the criminal antecedent, one offence under the Public Gambling Act was registered against applicant.
Heard the learned counsel for the parties. Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail, in case he deposits an amount of Rs.5,000/- (Rs. Five Thousand Only) in the Registry of this Court, which shall be utilized for upgrading the Civil Dispensary functioning in the Court premises and 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.
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.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
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 3 THE HIGH COURT OF MADHYA PRADESH MCRC No. 1928/2022 (PAWAN RATHORE Vs STATE OF MADHYA PRADESH) in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.01.14 17:12:07 +05'30'