Madhya Pradesh High Court
Subhash Jaiswal vs The State Of Madhya Pradesh on 17 August, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.32637/2021
(Subhash V/s. The State of M.P.)
Date: 17.08.2021:
Shri Mukesh Sinjonia, learned counsel for the applicant.
Ms. Chitralekha Hardia, learned panel lawyer for the
respondent/State.
ORDER
This is first application filed under section 438 Cr.p.C
seeking anticipatory bail as the applicant apprehends his arrest in
connection with Crime No.76/2021 registered by Police Station-
Excise Circle Bhikangaon District- Khargone for the offence
under sections 34(1)(A), 34(2) and 36 of the M.P. Excise Act.
As per prosecution case, on the basis of discreet information
police has recovered 55 bulk liters of illicit liquor from the house
belonging to this present applicant. Although he was not arrested
from the spot hence he is apprehending his arrest.
Learned counsel for the applicant submits that the house
does not belongs to him and he was not there in the house at the
time of search. He further submits that in view of the judgment
passed by the division bench in case of Naresh Kumar Lahria
Vs. State of M.P. And others 2004(4) M.P.H.T. 205, the bail
application is maintainable because the ingredients of Section
34(2) of the M.P. Excise Act are missing in this case. Learned
counsel further submits that except the address mentioned in the
F.I.R. and seizure memo no evidence has been collected by the
police to establish that this house in question not belongs to the
present applicant. The applicant has no criminal antecedents.
Under these circumstances, learned counsel prays for grant of bail
to the applicant.
Learned panel lawyer for the respondent/State opposes the
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bail application and submits that in the case diary no criminal
antecedents is reported as well as there is no investigation in
respect of the ownership of the house.
In view of the above, without commenting on the merit of
the case, the application for anticipatory bail is allowed and it is
directed that the applicant appear before the Investigating Officer
for interrogation between 23.08.2021 to 27.08.2021 and after
recording his statement police shall release him on furnishing a
personal bond in the sum of Rs.50,000/-(Rupees Fifty
Thousand) with one surety in the like amount to the satisfaction
of the arresting officer. This order shall be governed by the
conditions No.1 to 3 of sub-section (2) of Section 438 of Cr.P.C.
If the applicant fails to present before the investigating
officer on the aforesaid date then he shall not be entitled for grant
of anticipatory bail.
Certified copy as per rules.
(VIVEK RUSIA )
JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
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ANAN
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Date: 2021.08.17 17:27:42 +05'30'
