Madhya Pradesh High Court
MCRC/57389/2023 of THAKRARAM JAAT Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 57389 of 2023
BETWEEN:-
THAKRARAM JAAT S/O SHRI DAMARAM JAAT, AGEDABOUT 48 YEARS, OCCUPATION: DRIVER R/O BHUNIYATEHSIL SERWA DISTT. BARMER RAJ (RAJASTHAN)
(SHRI SOMESH GOBHUJ - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION KOTWALI AGAR(MADHYA PRADESH)
(SHRI AJAY RAJ GUPTA- PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for orders this day, the court passed the following:
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ORDER
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.616/2023 registered at PoliceStation - Kotwali Agar, District Agar Malwa (M.P.) under Sections 34(2) ofExcise Act and 420, 467, 468, 471, 465 of IPC.
2. As per the prosecution case, from the possession of the applicant,total 2,205 ltr of liquor has been seized. Apart from that, it was found thatnumber plate of the said vehicle was manipulated
3. Learned counsel for the applicant has prayed bail mainly on theground that the applicant is HIV patient and he has filed documents to that effect.
4. Learned counsel for the respondent/state was directed to verify thesame. On verification, it is submitted that the applicant is suffering from HIVwhich is immune compromise disease and he was getting treatment from ARTTreatment Art Centre Government Hospital Badmer Rajasthan.
5. Learned counsel for the applicant further relied on an order passed by the Apex Court in the case of Bhawani Singh Vs. State of Rajasthanpassed in SLP (cri) No.2225/2022decided on 11.04.2022. In the said case thecourt granted bail considering the disease of HIV and the provision of HumanImmunodeficiency Virus and Acquired Immune Dificiency Syndrome(Prevention and Control) Act, 2017 and there is no criminal record of theapplicant.
6. After hearing learned counsel for parties, I am of the view that theapplicant is entitled for grant of bail, however on certain conditions. Therefore,without expressing any view on the merits of the case, the application isallowed.
7. It is directed that Applicant- Thakraram Jaat shall be released fromcustody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One LakhOnly) with one local surety of the like amount to the satisfaction of the courtbelow on the following conditions :-
(i) the applicant shall mark his presence before the concerned police oncein every month during the pendency of trial.
7. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.
Sourabh
(VIJAY KUMAR SHUKLA)JUDGE