Madhya Pradesh High Court
Bharat vs The State Of Madhya Pradesh on 27 September, 2019
THE HIGH COURT OF MADHYA PRADESH
MCRC-40142-2019
(BHARAT Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 27/09/2019
Shri Suresh Agrawal, learned counsel for the applicant.
Shri Ankit Saxena, learned Public Prosecutor for the
respondent-State.
Case diary perused.
The applicant has filed this third bail application u/S.439, Cr.P.C. after rejection of earlier bail application.
The applicant has been arrested by Police Station Picchore District Shivpuri (M.P.), in connection with Crime No.244/2019 registered in relation to the offence punishable u/Ss.34(2), 49(A) and 34(1)(F) of M.P. Excise Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. It is alleged by counsel for the applicant that earlier bail application was rejected on 6.8.2019 on merits, thereafter charge-sheet has been filed in matter and on the basis of charge-sheet, charges have been framed against the present applicant. From perusal of aforesaid charges against the applicant, it is seen that 100 liters of country made liquor alleged to have been seized from the possession of the applicant. The applicant is in custody since 05.06.2019, and trial would take considerable time to conclude, therefore, he prays for grant of bail.
THE HIGH COURT OF MADHYA PRADESH MCRC-40142-2019 (BHARAT Vs THE STATE OF MADHYA PRADESH) Learned Public Prosecutor for the respondent/State opposed the prayer on the ground that applicant has been found in possession of the liquor has prayed for dismissal of the application.
Counsel for the respondent/State submits that FSL report is not available in the matter. However, in earlier round of litigation while considering previous bail application of the applicant FSL report was called for by this Court and was presented by the authorities for perusal of this Court, but now FSL report is missing in the matter. It is seen that incomplete case-diary is sent by the authorities for perusal of this Court. This has become a regular feature of Police Authorities In view of the aforesaid, Superintendent of Police, District Shivpuri is directed to look into the matter and issue necessary directions for sending the complete case-diaries for perusal of this Court in future. Explanation be called from SHO Pichhore, District Shivpuri for sending the incomplete case-diary. Action taken report be filed before this Court in 15 days, failing which the case be listed under the head of directions.
Heard learned counsel for the parties and perused the case diary.
THE HIGH COURT OF MADHYA PRADESH MCRC-40142-2019 (BHARAT Vs THE STATE OF MADHYA PRADESH) Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application for the applicant in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
THE HIGH COURT OF MADHYA PRADESH MCRC-40142-2019 (BHARAT Vs THE STATE OF MADHYA PRADESH)
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Vishal Mishra) Judge vpn VIPIN KUMAR AGRAHARI 2019.09.28 13:47:55 +05'30'