SHIVKUMAR KANJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This third application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The second application was disposed of by order dtd. 2/9/2021 passed in M.Cr.C.No.43282/2021.

(2.) The applicant has been arrested on 20/7/2021 in connection with Crime No.77/2021 registered at Police Station Ghatigaon, District Gwalior for offence under Ss. 49-A, 34(2) of Excise Act.

(3.) It is submitted by the counsel for the applicant that according to the prosecution case, out of 80 litres of liquor, which was seized from the possession of the applicant, 40 litres was alleged to be unfit for human consumption. The applicant was granted bail by order dtd. 2/9/2021 passed in M.Cr.C.No.43282/2021 with a rider that the said order shall remain in force till the receipt of the FSL report. It was further directed that in case if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then the bail order shall automatically come to an end and the applicant shall be obliged to surrender. It is submitted by the counsel for the applicant that the FSL report has been received on 13/10/2021 and he has surrendered on 8/11/2021. It is further submitted that in view of the fact that the liquor seized from the possession of the applicant was found to be unfit for human consumption, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.