Citation : 2025 Latest Caselaw 3266 MP
Judgement Date : 24 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:1840
1 MCRC-778-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 24th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 778 of 2025
PRAMENDRE SINGH @PARMINDER
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave - Advocate for the applicant.
Shri Sudarshan Joshi - Government Advocate for the State.
ORDER
This is second bail application filed by the applicant under Section 482 of Bhartiya Nyaya Suraksha Sanhita, 2023 (Previously Section 438 of Cr.P.C.) for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.87/2020, registered at Police Station Jeeran, District Neemuch, for the offences punishable under Section 34 (2) of the M.P. Excise Act.
02. First application of the applicant bearing M.Cr.C. No.41835/2024
was dismissed as withdrawn vide order dated 27.09.2024.
03. As per the prosecution, on 10.03.2020, during Police checking near Hanuman mandir in four lane at Harkiyakhal co-accused Ravi was apprehended while he was transporting 1450 bulk liter of spirit in a Bolero Pick Up vehicle bearing registration No.MP-14-GC-0903. The allegation against the applicant is that he had manufactured the caps and monograms of
NEUTRAL CITATION NO. 2025:MPHC-IND:1840
2 MCRC-778-2025 the bottles in which the liquor was being transported.
04. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He is not alleged to have been carrying out the transportation of the liquor nor is stated to be the owner of the vehicle in which the transportation was being done. The only allegation against him is of manufacturing the caps and monograms of the bottles in which liquor was being transported. There is no direct evidence to connect the applicant with the present crime. It is further submitted that in all the criminal cases registered against the applicant, he has already been acquitted. Applicant is willing to cooperate in the investigation and shall also extend full cooperation in the trial. On such grounds prayer for grant of benefit of anticipatory bail to the applicant has been made.
05. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled for grant of benefit of anticipatory bail. It is further submitted that the applicant is having eight criminal antecedents.
06. I have heard learned counsel for the parties and have perused the case diary.
07. The implication of the applicant is on the allegation that he had manufactured the caps and monograms of the bottles in which the liquor was being transported. There is no allegation against him of himself transporting the liquor or being the owner of the vehicle in which the transportation was being made. In all the criminal cases registered against the applicant, he has
NEUTRAL CITATION NO. 2025:MPHC-IND:1840
3 MCRC-778-2025 already been acquitted. Copies of the said judgments have been placed on record. The applicant has expressed his willingness to cooperate in the investigation as well as in the trial. Thus in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.
08. It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).
09. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Cr.P.C.
10. This order shall be subject to the condition that the applicant shall appear before the trial Court on the next date of hearing fixed before it and shall furnish his band bonds.
11. Accordingly, M.Cr.C. stands allowed and disposed off.
(PRANAY VERMA) JUDGE
Shilpa
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