Rakesh Lauwanshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 3693 MP

Madhya Pradesh High Court

Rakesh Lauwanshi vs The State Of Madhya Pradesh on 7 February, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                  1


   IN THE HIGH COURT OF MADHYA PRADESH
               AT JABALPUR
                           BEFORE
       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 7th OF FEBRUARY, 2024
                 MISC. CRIMINAL CASE No. 5222 of 2024

   BETWEEN:-

   RAKESH LAUWANSHI S/O MR. LAKHAN LAL
   LAUWANSHI,  AGED      ABOUT   38   YEARS,
   OCCUPATION:   LABOUR      R/O    VILLAGE
   CHATARKHERA,     P.S.     AND     TEHSIL
   SEONIMALWA,DISTRICT      NARMADAPURAM
   (MADHYA PRADESH)
                                                             .....PETITIONER
   (BY SHRI ABHAY GUPTA - ADVOCATE)

   AND

   THE STATE OF MADHYA PRADESH THROUGH
   POLICE STATION SEONIMALWA DISTRICT
   NARMADAPURAM (MADHYA PRADESH)
                                                           .....RESPONDENTS
    (BY SHRI K.S.BAHGL - GOVERNMENT ADVOCATE)

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

1. Case diary is available.

2. This second application under Section 439 of Cr.P.C. has been filed for grant of bail. First application was dismissed as withdrawn by order dated 26.12.2023 passed in M.Cr.C. No.56908/2023 with liberty to file afresh after undergoing some reasonable period of detention.

3. The applicant has been arrested on 07.12.2023 in connection with Crime No.686/2023 registered at Police Station Seoni Malwa, District Narmadapuram for offence under Section 34(2) of the M.P.Excise Act.

4. According to the prosecution story, 139.68 liters of country made liquor was seized from the possession of the applicant.

5. It is submitted by Counsel for the applicant that the applicant has a criminal history and three more cases under section 34(1) of the M.P.Excise Act and three cases under section 13 of the Public Gambling Act were registered against him and in some of the cases he has been convicted. However, according to the case diary apart from the present case, four more cases under section 34(1) of the M.P.Excise Act were registered. It is submitted that looking to the criminal antecedents he is ready to abide by any stringent condition which may be imposed by the Court. It is submitted that the applicant is ready and willing to appear before Police Station Seoni Malwa, District Narmadapuram on 1st and 15th of every month. It is submitted that in case if it is found that applicant has not improved himself and still involved in commission of offences, then this bail order may be cancelled. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

6. Per contra, the application is vehemently opposed by Counsel for the State. It is submitted that multiple offences under section 34 of the M.P.Excise Act and two offences under section 13 of the Public Gambling Act were registered against him.

7. Considering the criminal antecedents of the applicant, period of detention as well as undertaking given by counsel for the applicant, this Court is of

the considered opinion that applicant can be granted bail only on the stringent condition.

8. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

9. This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

10.It is further directed that the applicant shall appear before the S.H.O., Police Station Seoni Malwa, District Narmadapuram on 1st and 15th of every month. In case of any default of appearance before concerning Police Station, the S.H.O. is directed to send a report to the C.J.M. Narmadapuram or the trial court, as the Court may be, and if it is found that the applicant has failed to keep his undertaking of appearance before the S.H.O. Police Station Seoni Malwa, District Narmadapuram on 1st and 15th of every month, then this order shall automatically stand recalled and the court shall be free to take the applicant in custody.

11.In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

(G.S. AHLUWALIA) JUDGE HEMANT SARAF 2024.02.07 17:32:50 +05'30'

HS