Madhya Pradesh High Court
Dhokal @ Dhokalya @ Mandal Kanjar vs The State Of Madhya Pradesh on 22 August, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 22nd OF AUGUST, 2022
MISC. CRIMINAL CASE No. 39841 of 2022
Between:-
DHOKAL @ DHOKALYA @ MANDAL KANJAR
S/O SULTAN SINGH KANJAR, AGED ABOUT 45
Y E A R S , OCCUPATION: LABOR VILLAGE
GULWADA MAJRA GUJRAT SINGH KA DERA
P.S. KUMBHRAJ DISTRICT GUNA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI GAGAN SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION KUMBHRAJ DISTRICT GUNA
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
The applicant has filed this FIRST bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17.07.2022 by Police Station- Kumbhraj, District- Guna in connection with Crime No.198/2022 for the offence punishable under Section 34(2) of the M.P. Excise Act.
It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 17.07.2022 and trial would take considerable time to conclude. As per prosecution story, 60 bulk liter country made liquor alleged to have been seized 2 from the possession of the applicant. Charge-sheet has already been filed. Applicant does not bear any tainted background except one case of minor nature. Confinement amounts to pretrial detention. Applicant would not commit any offence of same nature. He learnt the lesson hard way and would mend his ways and would become a better citizen. He undertakes to cooperate in trial as well as investigation and would himself available as and when required. He would not be a source of embarrassment or harassment to the complainant. Under these grounds, he prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for its dismissal.
Heard learned counsel for the parties at length and perused the documents appended.
Considering the submissions advanced by the learned counsel for the parties and the fact situation, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.
This order shall remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant shall comply with all the terms and conditions of the bond executed by him;
2. The applicant shall cooperate in the investigation/trial, as the case may be;
3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to 3 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;
5. The applicant shall not seek unnecessary adjournments during the trial;
6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall not commit any offence of same nature in future.
Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information.
Certified copy as per rules.
(ANAND PATHAK) JUDGE Rashid RASHID KHAN 2022.08.23 10:56:11 +05'30' 11.0.8