Brajmohan @ Phodi vs The State Of Madhya Pradesh on 14 October, 2022

[Cites 3, Cited by 0]

Madhya Pradesh High Court

Brajmohan @ Phodi vs The State Of Madhya Pradesh on 14 October, 2022

Bench: Rohit Arya

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
                     HON'BLE SHRI JUSTICE ROHIT ARYA
                        ON THE 14th OF OCTOBER, 2022

               MISC. CRIMINAL CASE No. 48298 of 2022

        BETWEEN:-
        BRAJMOHAN @ PHODI S/O SHRI PRATAPSINGH
        RAWAT, AGED ABOUT 35 YEARS OCCUPTAION
        AGRICULTURE R/O BHITARWAR ROAD KARHI
        THANA    KARERA   ,   DISTRICT-SHIVPURI
        (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI R.K. DUBEY-ADVOCATE)

        AND
        STATE OF MADHYA PRADESH THROUGH
        POLICE THANA KARERA, DISTRICT-SHIVPURI
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI NITIN GOYAL-PANEL LAWYER)

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

This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 13/09/2022 in connection with Crime No.558/2022 registered at Police Station Karera, District-Shivpuri M.P. for the offence punishable under Section 49(A) of M.P. Excise Act.

As per prosecution story, on secret information received, police reached the spot and found applicant in unauthorizied and illegal possession of 05 bulk liters of liquor, which was unfit for human consumption. Accordingly, case has been registered against the applicant.

Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. FSL report regarding poisonous liquor is not available on record. Investigation is complete Challan has been filed, hence, he is no more required for custodial investigation. Applicant has already suffered jail incarceration since 13/09/2022. He has no criminal antecedents. Under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper .

Per contra, learned Panel Lawyer opposes the bail application supporting the order impugned. However, he fairly submits that applicant has no criminal antecedents.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant is in jail since 13/09/2022 with no criminal antecedents, investigation is complete and chargesheet has been filed, he is not required for custodial investigation, this Court is of the view that applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. 3 to 12:00 noon till conclusion of trial.

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(iv) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.

Registry is directed to send copy of this order to the concerned Court and concerned police station for information and compliance.

Certified copy as per rules.

(ROHIT ARYA) JUDGE vc VARSHA CHATURVEDI 2022.10.14 17:43:16 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court