Delan Pa Tel vs The State Of M.P
2021 Latest Caselaw 3245 MP

                    HIGH COURT OF MADHYA PRADESH
                              M.Cr. C. No. 34016/2021

                   (Delan Patel Vs. State of Madhya Pradesh)

JABALPUR; Dated: 13.07.2021


           Shri R.S. Patel, counsel for the petitioner.
           Shri Anil Upadhyay, Panel Lawyer for respondent-State.
                               ORDER

Crime No. Under Sections Police Station Arrest Date 174/2021 34 (2) of M.P. Themi district 04/04/21 Excise Act, 1915 Narsinghpur

As declared by the petitioner, this is the second bail application under Section 439 of Cr.P.C. The first application was dismissed in default for want of prosecution vide order dated 29.6.2021 in M.Cr.C No.22098/2021.

2. The petitioner has been arrested for carrying 54 bulk litres of illicit country made foreign liquor.

3. The objection of the State is that the petitioner has following criminal record:

      Ø-         vijk/k               /kkjk                              uke izkFkhZ
                 Øekad
 01           76/18          294, 323, 506 IPC              ---------------------------------------------
 02           164/19         294, 323, 506 IPC                --------------------------------------------
 03           174/21         34(2) Excise                 e?; Áns'k 'kklu Fkkuk Bseh
 04           38/11          107, 116(3) Cr.P.C.          e?; Áns'k 'kklu Fkkuk Bseh
 05           58/13          107, 116(3) Cr.P.C.          e?; Áns'k 'kklu Fkkuk Bseh
 06           94/13          107, 116(3) Cr.P.C.          e?; Áns'k 'kklu Fkkuk Bseh
 07           76/16          107, 116(3) Cr.P.C.          e?; Áns'k 'kklu Fkkuk Bseh
 08           31/19          107, 116 (3) Cr.P.C.         e?; Áns'k 'kklu Fkkuk Bseh
 09           16-420/19      151/107, 116 (3) Cr.P.C. e?; Áns'k 'kklu Fkkuk Bseh

 10           434/20         107, 116(3) Cr.P.C.          e?; Áns'k 'kklu Fkkuk Bseh

4. Learned counsel for the petitioner submitted that in first two cases mentioned in the aforesaid table the petitioner has been acquitted. Copies of the judgment dated 20.8.2018 in Criminal Case No. 325/2018 passed by Judicial Magistrate First Class, Narsinghpur and 29.6.2021 in R.C.T. No. 985/2019 passed by Judicial Magistrate First Class have been placed on record. The third case is the present one which has been mentioned by mistake. All other cases mentioned in the aforesaid table have been initiated by the Police Station Themi under Section 107, 116 (3) Cr.P.C. It is further submitted by learned counsel for the petitioner that there was a family dispute between the petitioner with some other family members and relatives on account of some agricultural land; therefore, the Police had taken prohibitory action against the petitioner and his opponent as well and the Sub Divisional Magistrate directed him to furnish bail bond to maintain piece. In all other cases the period of bond has been expired. Moreover, the family dispute has now been resolved and the petitioner is living in his village along with all his family peacefully.

5. It is argued by the learned counsel for the petitioner that the petitioner has been falsely implicated in the present case case. The petitioner is permanent resident of District Narsinghpur, there is no likelihood of his absconding or tempering with the prosecution case.

6. The learned Panel Lawyer has opposed the bail, however, is not in a position to rebut the contentions raised by the learned counsel for the petitioner with regard to the prohibitory action taken by the police against the petitioner.

7. Considering the quantity recovered, the date of arrest and other facts and circumstances of the case, I deem it appropriate to release the petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.

8. It is directed that the petitioner Delan Patel son of Kalyan Singh Patel be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

(Virender Singh) JUDGE vivek

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.07.13 17:04:26 +05'30'