Itfaq Singh v. State Of Madhya Pradesh

Itfaq Singh v. State Of Madhya Pradesh

(Supreme Court Of India)

CRIMINAL APPEAL NO.901 OF 2022 [@ SLP (Crl.) NO.5462/2022] | 10-06-2022

1. Leave granted.

2. Feeling aggrieved and dissatisfied by the impugned order passed by the High Court of Madhya Pradesh at Gwalior in M.Cr.C. No.9762/2022 refusing to release the appellant on bail in connection with the criminal case for the offence under Section 34 (2) of the M.P. Excise Act, 1915, the appellant-accused has preferred the present appeal.

3. Having heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the State and the punishment which may be imposed even if the appellant is held guilty would be maximum three years and the appellant is in Jail/custody since 26.11.2021 and the trial has already begun and four witnesses are already examined, we deem it proper to release the appellant on bail on the conditions which may be imposed by the learned trial Court.

4. The appellant is ordered to be released on bail in connection with Crime No.77 of 2021 on the conditions that may be imposed by the learned trial Court. In addition to the conditions that may be imposed by the learned trial Court, we impose the further condition that the appellant shall cooperate in the early disposal of the trial and shall not ask any unnecessary adjournment and try to delay the trial. A further condition is also imposed that the appellant shall not indulge into any similar activities in future.

5. The appellant to remain present before the Court during the trial on each and every date of hearing as assured by learned counsel appearing for the appellant.

6. In view of the above and for the reasons recorded above, the present appeal is allowed.

7. Pending application(s), if any, also stand disposed of.

Advocate List
Bench
  • HON'BLE MR. JUSTICE M.R. SHAH
  • HON'BLE MR. JUSTICE ANIRUDDHA BOSE
Eq Citations
  • LQ
  • LQ/SC/2022/757
Head Note

Criminal Procedure Code, 1973 — Ss. 439 and 437 — Bail — Grant of — High Court refusing to release appellant-accused on bail in connection with criminal case for offence under S. 34 2 of MP Excise Act 1915 — Punishment which may be imposed even if appellant is held guilty would be maximum three years — Appellant in Jail-custody since 26112021 and trial has already begun and four witnesses are already examined — Held, appellant be released on bail on conditions imposed by trial Court — Further conditions imposed that appellant shall cooperate in early disposal of trial and shall not ask any unnecessary adjournment and try to delay trial and shall not indulge into any similar activities in future — Penal Code, 1860, S. 34