Virendra Kori vs The State Of Madhya Pradesh
2021 Latest Caselaw 7286 MP

                                      1                      MCrC No.54632/2021




      HIGH COURT OF MADHYA PRADESH : JABALPUR
                          MCrC No.54632/2021
                (Virendra Kori vs State of Madhya Pradesh)
Jabalpur, dated :11.11.2021.
      Shri B.N.Pandey, learned counsel for the petitioner.
      Shri Yashovardhan Shukla, Panel Lawyer for the State.
                                   ORDER

Crime No. Under Section Police Station Arrest Date 247/2021 34(2) Excise Act Kotwali, District 01.05.2021 Chhatarpur

As declared by the petitioner, this is the third bail application under Section 439 of Cr.P.C. First and second applications have been dismissed as withdrawn vide order dated 29.06.2021 and 04.10.2021 passed in MCrC No.24920/2021 and MCrC No.36090/2021 respectively.

2. This time the petitioner has come with the record that in crime No.239/2015 under Section 4(ka), 66 (a) of the Gambling Act, the petitioner has been fined for Rs.1000/- and punished for a period till rising of the Court. In Crime No.191/2018 under Section 354, 506,452, 34 IPC and 25/27 of the Arms Act, he has been acquitted vide judgment dated 27.02.2021 passed in RCT No.842/2018 by JMFC, Chhatarpur. Case bearing Crime No.20/2021 under Section 341, 294, 506 of IPC is pending for trial.

3. The statement of the learned counsel for the petitioner is substantiated by the relevant documents.

4. Learned Panel Lawyer submitted that prohibitory action has been taken against the petitioner under Section 110/116 CrPC which shows that the petitioner is habitual criminal.

5. Learned counsel for the petitioner submitted that the aforesaid prohibitory action has been initiated even when the petitioner is in jail in the present case, therefore, the petitioner has filed a writ petition challenging the action of the authority concerned. The writ petition is still to be assigned a registration number.

6. The facts claimed by the learned counsel for the petitioner have not been controverted by the learned Panel Lawyer.

7. In the present case, the allegations against the petitioner is that, after receiving a secret credible information when the police trapped a white coloured Swift Car on 28.04.2021, the driver of the car managed to escape taking advantage of dark after locking the car. The police called the petitioner, inquired about the car, obtained the keys thereof and when it was opened and searched, 12 cartons containing 45 quarters each of 200 ml of Marinda Masala, a country made liquor were found in the car. The petitioner was having no valid authority to possess the liquor seized from the car.

8. It is submitted that the petitioner was not on the spot at the time of incident. He was not aware of the liquor seized from the car. The police has seized the car on 28.04.2021 and showing the alleged recovery, has falsely implicated the petitioner in the case. There is nothing on record to connect him with the alleged crime. He is in jail since 01.05.2021, therefore, he be granted bail.

9. Learned Panel Lawyer has opposed the bail.

10. In view of the nature of incident, the evidence collected during the investigation, absence of petitioner at the time of recovery 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.

11. It is directed that the petitioner - Virendra Kori be released from custody on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount 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 him 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

anand Digitally signed by ANAND KRISHNA SEN Date: 2021.11.12 17:50:58 +05'30'