Sanjay Pratap Singh @ Bhaiy Ji vs The State Of Madhya Pradesh
2021 Latest Caselaw 5800 MP

                                     1                            MCRC-35220-2021
           The High Court Of Madhya Pradesh
                     MCRC-35220-2021
            (SANJAY PRATAP SINGH @ BHAIY JI Vs THE STATE OF MADHYA PRADESH)

7
Jabalpur, Dated : 21-09-2021
       Heard through Video Conferencing.
       Shri J.N. Tripathi, learned counsel for the applicant.
       Shri Akhilendra Singh, learned Government Advocate for the
respondent/State.

Case diary is available with the learned Government Advocate.

With the consent of learned counsel for the parties, the matter is heard finally.

This is first application filed under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.105/2010 registered at Police Station Excise Circle Kothi, District Satna (M.P.) fo r commission of offence punishable under Section 34(2) of M.P. Excise Act.

Applicant's first application was rejected on merits vide order dated 19.10.2015 by this Court in MCRC No.17785/2015 and second application

was rejected for want of prosecution vide order dated 18.02.2021 by this Court in MCRC No.22947/2020.

Prosecution story, in brief, is that on 20.08.2010 at about 21:00 p.m. applicant alongwith other co-accused person was found carrying 51.84 bulk litres of illicit liquor without any license or authority. Applicant absconded while co-accused Vipin Singh was arrested on the spot.

Learned counsel for the applicant submits that applicant's first application for anticipatory bail was rejected on the basis that he was absconding while nothing was on record against him which shows that he was absconded. Applicant's second application for anticipatory bail was rejected for want of prosecution during COVID-19 pandemic. No case is made out against the applicant as neither he was found on the spot nor anything was 2 MCRC-35220-2021 seized from his possession. Co-accused person has been acquitted vide judgment dated 22.08.2018 passed by Judicial Magistrate First Class, Satna in Criminal Case No.3827/2010, therefore, it is prayed that the applicant may be enlarged on anticipatory bail.

Learned counsel for the State opposes the application and submits that as applicant's first bail application was dismissed on merits and there is a bar

under Section 59-A(i) of the Madhya Pradesh Excise Act, 1915, therefore, applicant is not entitled to be enlarged on anticipatory bail.

Having considered the rival submissions of learned counsel for both the parties and the fact that applicant's first application for anticipatory bail was dismissed on merits and also considering the bar under Section 59-A(i) of the Madhya Pradesh Excise Act, 1915, this Court is of the considered view that applicant's third application for anticipatory bail seems to be not maintainable and therefore, the same is hereby dismissed.

(SATYENDRA KUMAR SINGH) JUDGE

vc Digitally signed by VARSHA CHOURASIYA Date: 2021.09.22 11:21:39 +05'30'