Preetam Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 19164 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 20 th OF NOVEMBER, 2023
                                         MISC. CRIMINAL CASE No. 49949 of 2023

                           BETWEEN:-
                           PREETAM KEWAT S/O ACHCHELAL KEWAT, AGED
                           ABOUT 29 YEARS, OCCUPATION: LABOUR R/O VILLAGE
                           PANCHAMPURA POLICE STATION MOHANGARH
                           DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SHASHANK UPADHYAY, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   MOHANGARH DISTRICT TIKAMGARH
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI K. S. BAGHEL, GOVT. ADVOCATE)

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

This is first bail application filed by the applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.267/2023, registered at Police Station-Mohangarh District-Tikamgarh (M.P.) for the offence punishable under Section 34(2) of MP Excise Act.

2. Learned counsel appearing for applicant submitted that no offence under section 34(2) of M.P. Excise Act is made out against the applicant as there is no conviction of applicant under section 34(1)(a) of M.P. Excise Act. He placed reliance on order placed by this Court dated 31.10.2023 passed in Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 21-11-2023 14:41:34

MCrC No.47570/2023. In these circumstances, prayer is made for release of applicant on anticipatory bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted by him that applicant was found in conscious possession of 55 bulk litres of illicit liquor. In these circumstances he may not be released on anticipatory bail.

4. Heard the learned counsel for the parties.

5. Applicant was given notice under section 41-A of Cr.P.C by the Investigating Officer and to co-operate in investigation of the case. Since Investigating Officer does not want to arrest the applicant, therefore, there is no

requirement for filing this application for anticipatory bail. Supreme Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. has given following directions :

"11. Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

11.1. All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC; 11.2. All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);

11.3. The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 21-11-2023 14:41:34

forwarding/producing the accused before the Magistrate for further detention;

11.4. The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

11.5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing; 11.6. Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

11.7. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction. 11.8. Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court."

6. Considering aforesaid circumstances, bail application filed by applicant is disposed off directing Investigating Officer concerned to comply with directions issued by the Apex Court, mentioned above, in case of Arnesh Kumar (supra).

7. Applicant is directed to appear before the trial court at the time of filing Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 21-11-2023 14:41:34

of charge sheet and to co-operate in investigation of case and will appear before Investigating Officer as and when required for investigation. If applicant does not cooperate in investigation of case, then Investigating Officer is free to act in accordance with provisions of Criminal Procedure Code and directions issued by Apex Court in the case of Arnesh Kumar (supra).

8. With aforesaid, bail application is disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 21-11-2023 14:41:34