Madhya Pradesh High Court
MCRC/3952/2024 of DALCHAND GWALA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3952 of 2024
BETWEEN:-
DALCHAND GWALA S/O SHRI GANGARAM GWAL,AGED ABOUT 56 YEARS, OCCUPATION: MILK DAIRY 514BALVIHAR ANAND NAGAR DISTRICT BHOPAL(MADHYA PRADESH)
(BY SHRI SUDEEP DEB - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION PIPLANI DISTRICT BHOPAL (MADHYAPRADESH)
(BY MS. SHRADDHA TIWARI - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first bail application filed by the applicant under Section 439 ofthe Code of Criminal Procedure for grant of regular bail relating to FIR/CrimeNo.22/2024 dated 08.01.2024 registered at Police Station Piplani, DistrictBhopal for the offence punishable under Section 34(2) of the M.P. Excise Act.
2. As per the case of the prosecution, about 57 liter 600 gm. bulk liters ofcountry made liquor is alleged to have been seized from the possession of theapplicant.
3. The counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is a first offender andhas no criminal antecedents. The applicant is in custody since 08.01.2024 andtrial would take considerable time to conclude, therefore, the applicant bereleased on bail.
4. The counsel for the State has opposed the application. However, shesubmitted that the applicant has no criminal past.
5. Heard the submissions advanced on behalf of the parties and perusedthe case.
6. Looking to the totality of the facts and circumstances of the case, quantity of liquor alleged to have been seized from the possession of theapplicant, the fact that the applicant is a first offender, he is in custody since08.01.2024 and trial would take considerable time to conclude, this Court findsit to be a fit case to release the applicant on bail. Therefore, withoutcommenting on the merit of the case, the application is allowed.
7. It is directed that the applicant Dalchand Gwala shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees FiftyThousand Only) with one surety in the like amount to the satisfaction of the trialCourt concerned for his appearance before the said Court on all such dates asmay be fixed by that Court in this regard during the pendency of trial.
8. It is further directed that the applicant shall comply with the provisionsof Section 437(3) of the Cr.P.C.
Astha
(MANINDER S. BHATTI)JUDGE