SAROJ BAI 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. SAROJ BAI 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 SMT. JUSTICE SUNITA YADAV nd ON THE 2 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 55450 of 2023 BETWEEN:- SAROJ BAI W/O SHRI CHAUA @ HALWAI @ JAHAR SINGH ADIWASI, AGED ABOUT 45 YEARS, OCCUPATION: HOUSEWIFE VILLAGE PUL KA PURA POLICE STATION GHATIGAON DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (BY SHRI MEHMOOB KHAN - ADVOCATE) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION GHATIGAON DISTRICT GWALIOR (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI G. S. CHAUHAN - PUBLIC PROSECUTOR ) This application coming on for admission hearing this day, th e court passed the following: ORDER This is the first application filed by the applicant under Section 439 of the CrPC for grant of bail relating to FIR No. 126 of 2023 registered at Police Station Ghatigaon, District Gwalior (M. P. ) for the offence under Section 34 (1) & added section 49 (Ka) of Excise Act.
Allegation against the present applicant is that 04 litres of illicit liquor has been seized from the possession of the applicant, which was suspected to be unfit for human consumption. Learned counsel for the applicant argued that the applicant is innocent Signature Not Verified Signed by: SANJAY Signing time: 03-01-2024 01:45:06 PM and has been falsely implicated. She is in custody since 04. 12. 2023. Investigation is almost complete and charge sheet has since been filed. Since recovery has already been made, therefore, there is no requirement of further custodial interrogation of the applicant. It is further submitted that offence is triable by JMFC and trial is likely to take long time to conclude. The applicant has no criminal antecedents. Applicant is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by her; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3 ) The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; Signature Not Verified Signed by: SANJAY Signing time: 03-01-2024 01:45:06 PM 4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench; 5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE Durgekar Signature Not Verified Signed by: SANJAY Signing time: 03-01-2024 01:45:06 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.