Madhya Pradesh High Court
Roopsingh @ Sefu vs The State Of Madhya Pradesh on 18 June, 2021
Author: Subodh Abhyankar
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.29096 of 2021
Roopsingh @ Sefu Vs. State of M.P.
Indore, Dated:- 18/06/2021
Shri N. J. Dave, Counsel for the applicant - Roopsingh @ Sefu.
Ms. Poorva Mahajan, Counsel for the respondent/State.
They are heard. Perused the case-diary.
This is the third application under Section 439 of Criminal
Procedure Code, 1973, as he is implicated in connection with Crime
No.519/2020 registered at Police Station Narsinghgarh, District -
Rajgarh (MP) for offence punishable under Section 34(2) of M.P.
Excise Act.
The applicant is in custody since 19.10.2020.
Earlier bail applications M.Cr.C. Nos.53249/2020 and
49003/2020 have already been dismissed as withdrawn vide order
dated 20.01.2021 and 08.12.2020 respectively. However, in M.Cr.C.
No.53249/2020 a liberty was granted to the applicant to renew the
prayer after the seizure witnesses are examined.
The allegation against the applicant is that he was found in
possession of 60 bulk litres of unauthorized liquor.
Counsel for the applicant has submitted that the trial is held up
due to Covid -19 and as such even the seizure witnesses have not
been examined despite the fact that the applicant is in jail since
19.10.2020 and as such he has already spent around 9 months of
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.29096 of 2021
Roopsingh @ Sefu Vs. State of M.P.
incarceration. Counsel has further submitted that so far as the other
criminal cases are concerned in the Excise case which was tried as
criminal case No.1076 of 2016 he has already been acquitted by the
trial Court vide the judgment dated 18.05.2017 and the other cases are
under Sections 379, 323 of IPC, 25 Arms Act and Section 34(1)(a) of
M.P. Excise Act.
Counsel for the respondent/State, on the other hand, has
opposed the prayer.
Having considered rival submissions and on perusal of the
case-diary, taking note of the fact that there is no conviction of the
applicant under Section 34 (2) of M.P. Excise Act and the fact that he
is in jail since 19.10.2020, this Court finds it expedient to allow the
present bail application.
Accordingly, without commenting on the merits of the case, the
application filed by the applicant is allowed. The applicant is directed
to be released on bail upon furnishing a personal bond in the sum of
Rs.50,000/- (rupees fifty thousand) with one solvent surety of the
like amount to the satisfaction of the trial Court for his regular
appearance before the trial Court during trial with a condition that he
shall remain present before the court concerned during trial and shall
also abide by the conditions enumerated under Section 437 (3)
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.29096 of 2021
Roopsingh @ Sefu Vs. State of M.P.
Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved
in any criminal activities, after his release on bail, then the present
bail order shall stand cancelled without further reference to this
Court; and the State / prosecution will be free to arrest the accused in
the present case also.
This order shall be effective till the end of the trial, however, in
case of bail jump, it shall become ineffective.
Certified copy as per rules.
(SUBODH ABHYANKAR)
JUDGE
Pankaj
Digitally signed by PANKAJ PANDEY
Date: 2021.06.18 17:02:32 +05'30'
