Madhya Pradesh High Court
Jeevan vs The State Of Madhya Pradesh on 17 January, 2023
Author: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 17th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 3044 of 2023
BETWEEN:-
JEEVAN S/O MOTILAL JAISWAL, AGED ABOUT 47
YEARS, OCCUPATION: BUSINESS, R/O INDORAMA,
PITHAMPUR, DISTRICT DHAR (MADHYA
PRADESH)
.....APPLICANT
(SHRI AKASH RATHI, LEARNED COUNSEL FOR THE PETITIONER.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
TANDA, DISTRICT DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI BHUWAN DESHMUKH, LEARNED GOVERNMENT ADVOCATE FOR
THE RESPONDENT/STATE.)
--------------------------------------------------------------------------------------------------------
This application coming on for orders this day, the court passed
the following:
ORDER
This is SECOND bail application filed by the applicant under
Section 438 of the Code of Criminal Procedure, 1973 in connection with
Crime No.161/2015, registered at Police Station- Tanda, District Dhar,
for the offences punishable under Sections 34(2) of M.P. Excise Act.
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-01-2023
12:21:15
As per prosecution story on 18.11.2015 police station, Tanda
received discreet information that two persons viz. Kalu and Bhuvan
were going to transport liquor illegally without any license and valid
permit. On the basis of the said information, police searched and found a
white colour Bolero SUV coming from Rajgarh. The vehicle was
stopped and on search three persons were found sitting in the jeep and
on further search, 58 boxes of country-made liquor were also recovered
and an FIR was registered against them. After their arrest, their
memorandum statements under Section 27 were recorded on 18.11.2015
in which they disclosed that they brought the liquor from the license
shop at Rajgarh and going to sell in their village. Their supplementary
statements were recorded on 21.11.2015 in which they disclosed that
they got the liquor from Bandi, the Manager of the licensee shop of
Jeevan Jaiswal, the present petitioner. After completing investigation
police has filed the charge sheet against the aforesaid two accused and
kept open the investigation against Bandi and contractor of the liquor
shop under section 173(8) of the Cr.P.C. Under the apprehension of his
implication and arrest in the aforesaid crime number, petitioner has filed
the present petition before this Court.
Vide aforesaid M.Cr.C. No.10406/2017 the police was directed to
issue notice under Section 41(A) of the Cr.P.C. to the applicant and
thereafter he will appear before the police station. In the case diary no
such notice is available.
Learned counsel for the applicant submits that other accused have
been acquitted from all charges vide judgment dated 17.09.2022 passed
by Judicial Magistrate First Class, Kukshi. The applicant is very much
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-01-2023
12:21:15
available in the city but the police has never tried to arrest him. Against
the acquittal, no appeal has been filed till today, therefore, no useful
purpose would be served to arrest this applicant especially when he has
been implicated on the basis of the memorandum statement under
Section 27 of the Evidence Act. Being a licencee of the seized liqour
which was not produced before the Trial Court, even the registers were
not collected by the I.O., as observed by the Trial Court in paragraph
No.31 of the judgment. The relationship of employer and employee with
the Kamal Kishore has not been established. Therefore, in such changed
circumstances, despite withdrawal of first application under Section 438
this application may kindly be allowed.
Learned Government Advocate for the respondent/State opposes
the application by submitting that the charge-sheet has been filed on
06.09.2021 against this applicant and thereafter arrest warrant has been
issued, he did not comply the earlier order whereby he withdrew this
application with liberty to surrender.
Keeping in view the change in circumstances in this case that the
prosecution has failed to prove the charges against all the accused and
except memorandum statement under Section 27 of the Evidence Act
nothing has been found to connect this applicant with this offence, the
present application i.e. M.Cr.C. No.3044/2023 is allowed. It is directed
that in the event of arrest of the applicant namely Jeevan in connection
with the aforesaid crime number, he shall be released on bail upon his
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) with one surety in the like amount to the satisfaction of the
arresting officer. This order shall be governed by the following
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-01-2023
12:21:15
conditions:
(a) the applicant shall co-operate with the investigation and make
himself available for interrogation by a police officer as and when
required;
(b) he shall not directly or indirectly make any 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 any police
officer;
(c) If the applicant is found involved in any criminal case of the
same nature during this bail period, this order granting the benefit of
anticipatory bail shall be liable to be cancelled; and
(d) he shall not leave the territory of India without the prior
permission of the Court.
Certified copy as per rules.
(VIVEK RUSIA)
JUDGE
Divyansh
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-01-2023
12:21:15
