GULAB SHANKAR BAIRVA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-10. GULAB SHANKAR BAIRVA 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 th ON THE 10 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 54700 of 2023 BETWEEN:- GULAB SHANKAR BAIRVA S/O SHRI BADRILAL BAIRVA, AGED ABOUT 50 YEARS, OCCUPATION: LABOURING BAIRUKHEDI THANA AVDA DISTRICT SHEOPUR (MADHYA PRADESH) ..... APPLICANT (NONE FOR THE APPLICANT ) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION AVDA DISTRICT SHEOPUR (MADHYA PRADESH) ..... RESPONDENTS ( SHRI PRABHAT PATERIYA -P. P. - APPEARING ON BEHALF OF ADVOCATE GENERAL). This application coming on for admission hearing this day, th e court passed the following: ORDER The applicant has filed this First application u/S 439, Cr. P. C. for grant of bail. The applicant has been arrested by Police Station Avda, District Sheopur in connection with crime No. 154/2023 registered for the offence punishable under Section 34 (2) of MP Excise Act.
Allegations against the applicant/accused, in short, are that the police apprehended the applicant and recovered from his possession 57 bulk litres of country made liqour, for which, the applicant was not having any valid license. Signature Not Verified Signed by: SANJAY Signing time: 10-01-2024 06:14:51 PM Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. The offence alleged is triable by Judicial Magistrate First Class. The applicant is in custody since 08/10/2023. Investigation stands completed by filing of the charge sheet and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Sheopur. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.
On the other hand, learned State counsel vehemently opposed the application citing criminal antecedents and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the overall 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. 1,00,000/- (Rupees One Lakh only) with two local solvent sureties 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 him/her; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3 ) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to Signature Not Verified Signed by: SANJAY Signing time: 10-01-2024 06:14:51 PM dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4) The applicant shall not commit any other 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. 7) The applicant shall appear and mark his attendance before the SHO st of the police station concerned once in 1 week of every month at 10 Am till conclusion of the trial, failing which, this bail order shall stand canceled automatically without further reference to this Court. 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: 10-01-2024 06:14:51 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.