Sadhulal Jaiswal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5346 MP

                                                                    1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 12th OF APRIL, 2022

                                           MISC. CRIMINAL CASE No. 15233 of 2022

                                 Between:-
                                 SADHULAL JAISWAL S/O KASHI PRASAD JAISWAL
                                 , AGED ABOUT 42 YEARS, OCCUPATION: BUSINESS
                                 R/O VILLAGE ATRAILA P.S. ATRAILA DISTRICT
                                 REWA (M.P.) (MADHYA PRADESH)

                                                                                                            .....PETITIONER
                                 (BY SHRI VISHNU UPADHYAY, ADVOCATE)

                                 AND

                                 THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION PANWAR DISTRICT REWA (M.P.)
                                 (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                 (BY SHRI ATAMARAM BEIN, DEPUTY GA FOR STATE)

                              This application coming on for hearing this day, the court passed the
                      following:
                                                                     ORDER

Shri Vishnu Upadhyay, learned counsel for the applicant.

Shri Atamaram Bein, learned Deputy G.A for the respondent/State.

This is first bail application filed by the applicant/Sadhulal Jaiswal under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.64/2022 registered at Police Station-Panwar, District Rewa (MP) for offences punishable under Sections 34(2), 42 of M.P Excise Act.

Learned counsel for the applicant submits that the bolero vehicle bearing registration no.UP-70FE1734 was seized by local police station Panwar, District Rewa (MP) which was driven by driver Om Prakash Kesharwani. Applicant is made accused on the basis of memorandum of said Om Prakash Kesharwani. It is submitted that neither the applicant is owner of said vehicle nor driver of said vehicle. He was not present at the spot. It is mentioned in the memorandum that present applicant had supplied liquor, which was transported by co-accused/Om Prakash has no evidentary value. Police is demanding 1-1.5 lac to release him on bail in terms of provisions contained in section 41A of Cr.P.C. Co-accused have been released but as applicant is unable to fullfill illegal demands of the police, he has Signature Not SAN Verified been falsely implicated and prayed that applicant be released on anticipatory bail.

Digitally signed by TARUN KUMAR Learned Deputy G.A opposes the submissions made on behalf of the applicant has prayed for SALUNKE Date: 2022.04.12 14:21:07 IST

rejection of the bail application and submits that applicant has criminal history of 4 cases.

Learned counsel for the applicant submits that applicant was exonerated in all four cases. In Criminal Case No.948/2010 (Sadhulal Jaiswal Vs. State of M.P) matter pertaining to offence under section 294, 323, 34, 506 Part-II of IPC was compromised and applicant was exonerated vide order dated 18/07/2013. Similarly in Cr.Appeal No.27/2019 (Brijesh Urwashi & two others Vs. State of M.P)

vide judgment dated 15/03/2022 passed by learned Additional Sessions Judge, Teothar, applicant was exonerated of offence under section 323, 452 IPC. Vide judgment dated 12/06/2017 passed in R.T No.597/2011 originating from Crime No.36/2011 under section 294, 353, 34, 506 Part-II IPC, applicant was exonerated by the court of JMFC, Teothar District Rewa in Criminal Case No.9/11 (State of M.P Vs. Sadhulal Jaiswal) vide order dated 12/01/2011 under section 451, 294, 323, 506B, 34 IPC compromise was accepted by the court of JMFC, Teothar.

Having considered the contentions of learned counsel for the parties and considering the fact that applicant is neither owner of the seized vehicle nor owner of seized liquor and he has been made accused on the basis of memorandum, which is not admissible, in view of this Court the applicant is entitled to get benefit of anticipatory bail. Hence, this application is allowed. It is directed that if the applicant Sadhulal Jaiswal surrenders at the concerned police station within 15 days from today and if he is arrested by the Investigating officer, he shall be released on bail on furnishing a bail bond and surety bond for the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. If he failed to do so, the effect of this order shall be vacated automatically. He shall further abide following conditions:

(1) The applicant will comply with all the terms and conditions of the bond executed by her;

(2) The applicant will cooperate in the investigation/trial, as the case may be;

(3) The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicant shall not commit any offence during the period in which he is enlarged on bail;

(5) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(6) The applicant shall inform the Investigating Officer/trial Court about her/their address and residence in case she moves out from her/their permanent address for any point of time;

(7) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever; and

(8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

Certified copy as per rule

(VIVEK AGARWAL) JUDGE tarun