THAKRARAM JAAT v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-05. THAKRARAM JAAT v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 5 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 57389 of 2023 BETWEEN:- THAKRARAM JAAT S/O SHRI DAMARAM JAAT, AGED ABOUT 48 YEARS, OCCUPATION: DRIVER R/O BHUNIYA TEHSIL SERWA DISTT. BARMER RAJ (RAJASTHAN) ..... APPLICANT (SHRI SOMESH GOBHUJ - ADVOCATE) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KOTWALI AGAR (MADHYA PRADESH) ..... RESPONDENT (SHRI AJAY RAJ GUPTA- PUBLIC PROSECUTOR) This application coming on for orders this day, th e court passed the following: 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 Police Station - Kotwali Agar, District Agar Malwa (M. P. ) under Sections 34(2) of Excise 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 that number plate of the said vehicle was manipulated 3. Learned counsel for the applicant has prayed bail mainly on the ground that the applicant is HIV patient and he has filed documents to that Signature Not Verified Signed by: SOURABH Signing time: 05-02-2024 18:08:23 effect. 4. Learned counsel for the respondent/state was directed to verify the same. On verification, it is submitted that the applicant is suffering from HIV which is immune compromise disease and he was getting treatment from ART Treatment 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 Rajasthan passed in SLP (cri) No. 2225/2022 decided on 11. 04. 2022.
In the said case the court granted bail considering the disease of HIV and the provision of Human Immunodeficiency Virus and Acquired Immune Dificiency Syndrome (Prevention and Control) Act, 2017 and there is no criminal record of the applicant. 6. After hearing learned counsel for parties, I am of the view that the applicant is entitled for grant of bail, however on certain conditions. Therefore, without expressing any view on the merits of the case, the application is allowed. 7 . It is directed that Applicant- Thakraram Jaat shall be released from custody upon furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lakh Only) with one local surety of the like amount to the satisfaction of the court below on the following conditions :- (i) the applicant shall mark his presence before the concerned police once in every month during the pendency of trial. 7.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court Signature Not Verified Signed by: SOURABH Signing time: 05-02-2024 18:08:23 below. C. c. as per rules. (VIJAY KUMAR SHUKLA) JUDGE Sourabh Signature Not Verified Signed by: SOURABH Signing time: 05-02-2024 18:08:23
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.