Brijesh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 372 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.11749/2021
                Brijesh Jatav vs. State of M.P.

Gwalior, Dated : 01.03.2021

       Shri P.S.Raghuwanshi, learned counsel for the applicant.

       Shri B.P.S.Chauhan, learned Public Prosecutor for the

respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 04/01/2021 in connection

with Crime No.44/2021 registered at Police Station Civil Line

Vidisha, District Vidisha for offence under Sections 379 and 414 of

IPC.

It is submitted by the counsel for the applicant that by mistake

date of arrest of the applicant has been mentioned as 28/01/2021, but

as per the statement of the counsel for the State, the applicant was

formally arrested on 04/01/2021, therefore, he may be permitted to

correct the date of arrest.

Permission granted.

With the permission of the Court, the amendment is also

carried out in the Court itself.

According to the prosecution case, the applicant was found

transporting illegally excavated sand in an illegal manner. It is

submitted that a penalty of Rs.25,000/- has already been deposited as

THE HIGH COURT OF MADHYA PRADESH MCRC No.11749/2021 Brijesh Jatav vs. State of M.P.

required under the rules. The trial is likely to take sufficiently long

time and there is no possibility of their absconding or tampering with

the prosecution case.

Per contra, the application is opposed by the counsel for the

State. It is submitted by the counsel for the State that mere deposited

of penalty would not absolve the applicant for his criminal liability. It

is further submitted that the Supreme Court in the case of Jayant

Etc. Vs. The State of M.P. passed on 03/12/2020 in CRA Nos. 824-

825 of 2020, has already held that mere deposit of penalty under the

rules would not absolve the wrongdoer from his criminal liability.

Considering the submission made by the counsel for the parties

as well as in the light of judgment passed by the Supreme Court in

the case of Jayant etc. (supra) as well as this Court in the case of

Banti vs. State of MP by order dated 05/10/2020 passed in MCRC

No. 37312 of 2020, no case is made out for grant of bail to the

applicant.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.03.02 10:52:07 -08'00'