Ratiram Adiwasi vs The State Of Madhya Pradesh on 23 May, 2022

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Madhya Pradesh High Court

Ratiram Adiwasi vs The State Of Madhya Pradesh on 23 May, 2022

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                   1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
              HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 23rd OF MAY, 2022

           MISCELLANEOUS CRIMINAL CASE No. 24898 of 2022

           Between:-
           RATIRAM ADIWASI S/O MUNNU ADIWASI,
           AGED 36 YEARS, OCCUPATION: MAZDOORI,
           RESIDENT OF GRAM SINGHARPURA, TEHSIL
           TAPPA MORAR, DISTRICT- GWALIOR (MADHYA
           PRADESH)

                                                                 .....APPLICANT
           (BY SHRI SURENDRA PARASHAR-ADVOCATE )

           AND

           STATE OF MADHYA PRADESH THROUGH
           POLICE STATION BIJOLI, DISTRICT-GWALIOR
           (MADHYA PRADESH)

                                                             .....RESPONDENTS
           (BY SHRI PRAMOD PACHAURI-ADVOCATE )

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

Case diary is available.

This first applicant under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 04/04/2022 in connection with Crime No.108/2021 registered at Police Station- Bijoli, District- Gwalior (M.P.) for offence under Section 34(2) of M.P. Excise Act and further added section 49-A of M.P. Excise Act.

In view of positive FSL report coupled with the fact that minimum 2 sentence for offence under Section 49-A of Excise Act is of six months, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed. However, liberty is granted to revive the prayer after undergoing some reasonable period of detention.

(G.S. AHLUWALIA) V. JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4d ee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D 159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.05.23 18:39:49 +05'30'

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