KALLU PARIHAR v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-02. KALLU PARIHAR v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR nd ON THE 2 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 57968 of 2023 BETWEEN:- KALLU PARIHAR S/O SHRI DUNDA PARIHAR, AGED 45 YEARS, R/O KISHANPUR THANA CHINNOR DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (MS. UMA KUSHWAH- ADVOCATE) AND STATE OF MADHYA PRADESH THROUGH POLICE STATION CHINNORE DISTRICT GWALIOR (MADHYA PRADESH) ..... RESPONDENT ( SHRI R. K. AWASTHI- PUBLIC PROSECUTOR) This application coming on for hearing this day, the court passed the following: ORDER This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 92 of 2023 registered at Police Station Chinor, District Gwalior (M. P. ) for offence punishable under Sections 34(2) and 49(A) of M. P. Excise Act. The applicant is in judicial custody since 18. 12. 2023.
As per the case of prosecution, ASI Dayaram along with police force of PS Chinor, on secret information, arraying raid at the house of applicant at Village Kisanpur on 28. 05. 2023. One person was found manufacturing illicit country made raw liquor and that person fled away from the spot. 60 bulk litres Signature Not Verified Signed by: AVINASH Signing time: 03-01-2024 10:02:52 AM of country made raw liquor was seized from the place of incident along with equipments for manufacturing of illicit liquor. Due to pungent smell, it was suspected that liquor may be poisonous. Illicit liquor was seized in compliance with due procedure and offence punishable under Sections 34(2) and 49-A of MP Excise Act was registered at Crime No. 92 of 2023 against the applicant. Relevant recovery has been made from the applicant. Statements of witnesses have been recorded. The applicant was arrested on 18. 12. 2023 and he is in custody ever since. On the same day, final report was submitted on 18. 12. 2023.
As per FSL Report received on 04. 12. 2023, seized liquor contains 29. 95% of Ethyle alcohol along with furfural and sediments, therefore, it was found to be unfit for human consumption. Learned Counsel for the applicant, in addition to the grounds mentioned i n the application, submits that applicant has been falsely implicated in the matter. He is Agriculturist by profession. Applicant is aged around 45 years and is sole bread earner in the family, therefore, there is no likelihood of his absconding leaving behind his family and property. As per FSL report, no poisonous or life threatening injurious substance was found in seized liquor. No further custodial interrogation of applicant is needed. No criminal antecedent of similar nature is reported against the applicant. Jail incarceration is causing hardship to the applicant. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.
Per contra, learned counsel for State opposes the bail application on the ground of gravity of alleged offence. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall Signature Not Verified Signed by: AVINASH Signing time: 03-01-2024 10:02:52 AM circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant Kallu Parihar s hall be released on bail in relation to Crime No. 92 of 2023 registered at Police Station Chinor, District Gwalior (M. P. ) for offence punishable under Sections 34(2) and 49(A) of M. P. Excise Act, upon furnishing a personal bond in the sum of Rs.
1,00,000/- (Rupees One Lac Only) with one solvent surety to the satisfaction of the Trial Court, for compliance with the following conditions, : (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; Signature Not Verified Signed by: AVINASH Signing time: 03-01-2024 10:02:52 AM (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial.
However, in case of breach of any of the precondition of bail, it shall become ineffective without reference to the Court. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accued or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Avi Signature Not Verified Signed by: AVINASH Signing time: 03-01-2024 10:02:52 AM
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