In a significant order dated 23rd February 2021, the Hon’ble High Court of Madhya Pradesh, Bench at Gwalior, disposed of MCRC No. 10231 of 2021 filed by Advocate Sourav Singh Tomar on behalf of applicant Harnath Singh Tomar in a case registered under Sections 34(2) and 47-A of the M.P. Excise Act. The prosecution alleged recovery of 55 bulk litres of country-made liquor from the joint possession of the applicant and a co-accused based on informer input, leading to apprehension of arrest.
Advocate Sourav Singh Tomar persuasively argued that the applicant was falsely implicated, that no recovery was made directly from him, and that the case was triable by the Judicial Magistrate First Class (JMFC). Emphasizing the applicant’s permanent residence in Morena and his willingness to cooperate with the investigation, Advocate Tomar invoked the Supreme Court’s landmark judgment in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, which mandates safeguards against unnecessary arrests in cases where the punishment is less than seven years.
Taking these submissions into account, Hon’ble Justice S.A. Dharmadhikari held that arrest should be a last resort and issued clear directions that the applicant be summoned for investigation first and that arrest may only be considered if non-cooperation is established. The Court directed the police to comply strictly with the guidelines laid down in Arnesh Kumar, thereby ensuring that the applicant’s liberty is protected within the bounds of law.
This case exemplifies Advocate Sourav Singh Tomar’s mastery in handling anticipatory bail applications and his ability to secure relief by leveraging constitutional protections and apex court directives. His advocacy reflects the ethos of TMS Law Associates, which remains committed to upholding individual liberty and ensuring fair criminal procedure across all levels of judicial forums.