[Cites 2, Cited by 0]
Madhya Pradesh High Court
Jaswant Singh vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9142
1 MCRC-12497-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 12497 of 2026
JASWANT SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tarun Kushwah - Advocate for the applicants.
Shri Rahul Solanki - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicants under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 138/2026
registered at Police Station - Station Road, District Ratlam(M.P.) for offence
punishable under Section 34(2) of M.P. Excise Act, 1915. Applicants are in
judicial custody since 02.03.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the
relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicants are falsely
implicated in the alleged offence merely on suspicion. No offence, as
alleged is committed by the applicants. The investigation is almost complete.
Further custodial interrogation of the applicant is not needed in the
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matter. There is no likelihood of tampering with evidence by the applicant.
Jail incarceration is causing hardship to the applicants and their dependent
families. Applicants are ready to cooperate in further investigation/trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 02 criminal
antecedents against the applicant no.1, and 01 criminal antecedent against
the applicant no.2, as mentioned in the case diary. Applicant No. 1 - Jaswant
is aged around 30 years and applicant no.2 - Lokesh Singh is aged around 30
years. Both of them are in private service.
In reply, learned counsel for the applicants submits that in Crime No.
225/2024, both the applicants are acquitted. In Crime No. 110/2020, the
applicant no.1 - Jaswant Singh was sentenced to fine. The applicants have
never been convicted for any offence.
According to the accusation on case diary, Sub Inspector Jitendra
Singh of P.S. Station Road received secret information regarding
transportation of illicit liquor on 02.03.2026. Accordingly, check post was
installed on Bawadi Road, Khachrod and a black color Scorpio vehicle
bearing registration no. MP 43, ZE 9777 was intercepted. Applicant No. 1 -
Jaswant Singh was driving the vehicle and applicant no.2 - Lokesh Singh
was sitting on the seat next to Jaswant Singh. On search of the vehicle, illicit
country made foreign liquor - total quantity 76.89 litres was recovered from
the back seat. The illicit liquor and the Scorpio vehicle were seized in due
compliance with the procedure. The P.S. - Station Road registered FIR for
offence punishable under Section 34(2) of M.P. Excise Act against
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applicants. Applicants were apprehended on the spot. The trial would take
time to conclude. The veracity of prosecution and complicity of the
applicants will be determined after evidence in the trial.
As informed, the applicants have responsibility of their respective
families. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of substantial criminal past and previous
conviction for any offence, considering the socio-economic status of the
applicants, there appears to be no likelihood of recidivism or tampering with
evidence or influencing the witnesses by the applicant. The offence is triable
by JMFC. There appears to be no compelling reason to continue
incarceration of the applicants. However, the observations, herein-above,
are recorded for present application only.
Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicants on bail. Thus, the application is
allowed.
Accordingly, it is directed that applicants - Jaswant Singh and Lokesh
Singh shall be released on bail in connection with Crime, as mentioned in
first paragraph of this order, upon furnishing a personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand only ) each with one surety of
the same amount to the satisfaction of the trial Court, for compliance with
the following conditions : (For convenience of understanding by accused and
surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicants shall remain present on every date of hearing as may be directed by the
concerned court;
(1) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहगे ।
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(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गे ।
(3) Applicants 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 police officer;
(3) आवेदकगण करण के त य से प रिचत कसी य को य या अ य प से लोभन , धमक या
वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत ह
।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवेदकगण य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करगे ।
(5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of
witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदकगण धारा ३०९ दं . .सं. / ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे ।
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of
them is unable to write, the scribe shall certify that he/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
