Harisingh Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 19055 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                              ON THE 9 th OF NOVEMBER, 2023
                                 MISCELLANEOUS CRIMINAL CASE No. 45291 of 2023

                          BETWEEN:-
                          HARISINGH JATAV S/O LATE SHRI PYARELAL JATAV,
                          AGED ABOUT 62 YEARS, RESIDENT OF LASHKARI KA
                          PURA THANA CIVIL LINE DISTRICT       MORENA
                          (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (SHRI MADHUKAR KULSHRESTHA -ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION CIVIL LINES
                          MORENA (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (MS. KALPANA PARMAR - PANEL LAWYER)

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

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No 1093/2023 registered at Police Station Civil Line, District Morena (M.P.), for an offence punishable under section 34(2) of the Excise Act. The applicant is in judicial custody since 19/09/2023.

According to the prosecution case, on secret information, on 19/09/2023 Shri Sukhdev Singh, ASI alongwith police force, Police Station Civil Line Morena reached near Saiyad Maharajpur Road village and Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11/9/2023 8:27:59 PM

intercepted the applicant. Applicant was found to be in possession of 7 cartons containing country made liquor quantity 63 bulk liters, therefore, offence punishable under Section 34(2) of M.P. Excise Act was registered by Police Station Civil Line, District Morena (M.P.) and applicant was arrested on 19/09/2023.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. He is a resident of District Morena (M.P.). He is sole bread earner in the family and there is no likelihood of his absconding leaving family and property. No further custodial interrogation is needed. Jail incarceration is

causing financial hardship to the family of the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application and cites five case under Section 34 of the M.P. Excise Act, as criminal history against the applicant.

In reply, learned counsel for the applicant submits copies of judgment in all five cases, cited as criminal antecedent and contends that these cases relate to minor offence under Section 34(1) of the Excise Act and applicant was sentenced to fine. Further, these offences relates to year 2018 and 2019. No other offence has been prosecuted against the applicant except present one.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11/9/2023 8:27:59 PM

Accordingly, it is directed that the applicant HARISINGH JATAV shall be released on bail in connection with Crime No 1093/2023 registered at Police Station Civil Line, District Morena (M.P.), for an offence punishable under section 34(2) of the Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

2. The applicant shall not commit or get involved in any offence of similar nature;

3. The applicant 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 them/him/her from disclosing such facts to the Court or to the investigating officer;

4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach

of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.

(SANJEEV S KALGAONKAR) Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11/9/2023 8:27:59 PM

JUDGE Prachi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11/9/2023 8:27:59 PM