Sandeep Juneja vs The State Of Madhya Pradesh
2023 Latest Caselaw 7887 MP

                                                                      1
                                   IN     THE       HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                           ON THE 12 th OF MAY, 2023
                                                  MISC. CRIMINAL CASE No. 20330 of 2023

                                  BETWEEN:-
                                  SANDEEP JUNEJA S/O RAMLAL JUNEJA, AGED ABOUT
                                  57 YEARS, OCCUPATION: BUSINESS 306-B RAJEEV AVAS
                                  VIHAR, SCHEME NO. 78, VIJAY NAGAR, INDORE
                                  (MADHYA PRADESH)

                                                                                                    .....APPLICANT
                                  (BY SHRI BHARAT YADAV, ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH STATION HOUSE
                                  OFFICER   THROUGH POLICE STATION        EXCISE
                                  ALIRAJPUR, DIST. ALIRAJPUR (MADHYA PRADESH)

                                                                                                  .....RESPONDENT
                                  (BY SHRI VINOD THAKUR-G.A.)

                                        This application coming on for orders this day, th e court passed the
                                  following:
                                                                       ORDER

This is the first application of the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with FIR No. 288/2022 dated (not mentioned) registered at Police Station - Excise Alirajpur, District -Alirajpur for the offences under Section 34(2) of the M.P. Excise Act, 1915.

2. As per prosecution case, on a raid conducted on 14.10.2022 it was found the the truck was being transported with 16800 bulk liters foreign liquor. The said illicit liquor was seized from the said truck.

3. Counsel for the applicant submits that while considering the bail of co- Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 12-May-23 6:19:58 PM

accused Gajratsingh @ Gajrajsingh in M.Cr.C.No. 59595 of 2022, this Court observed that the said applicant was having a valid permit and counsel for the State verified the same and stated that the said vehicle was having valid permit and same was being transported in violation of the permit. As per prosecution case, the said illicit liquor was being taken to the shop of the present applicant who is Director of M/s Prosperous Multibusiness Pvt. Ltd.. The co-accused Gajratsingh @ Gajrajsingh has already been granted bail by this court on 2.1.2023.

4. Learned counsel for the State opposes the prayer for grant of bail.

5. After hearing learned counsel for the parties and taking into

consideration that the vehicle which was alleged to be transported, the liquor has been found to be having valid permit and only violation of permit is alleged against the applicant. There is no allegation except that the said vehicle was being taken for delivery to his shop. Prima facie no case is made out against the applicant. Considering the aforesaid submission and taking into consideration the judgment passed by this Court in the case of Naresh Kumar Laharia Vs. State of M.P., 2004 (4) MPHT 205, the applicant is entitled for grant of anticipatory bail. Accordingly, the application is allowed.

6. It is directed that in the event of arrest, applicant- Sandeep Juneja shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

7. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 12-May-23 6:19:58 PM

Certified copy as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 12-May-23 6:19:58 PM