SHAITAN v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-12. SHAITAN v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 12 OF JANUARY, 2024 MISCELLANEOUS CRIMINAL CASE No. 957 of 2024 BETWEEN:- SHAITAN S/O SHRI GOKUL PRAJAPATI, AGED ABOUT 36 YEARS, RESIDENT OF VILLAGE MOHRI POLICE STATION PIPRAI, DISTRICT ASHOKNAGAR (MADHYA PRADESH) ..... APPLICANT (SHRI JITENDRA SINGH KUSHWAH -ADVOCATE FOR THE APPLICANT) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION PIPRAI DISTRICT ASHOKNAGAR (MADHYA PRADESH) ..... RESPONDENT (SHRI DHEERAJ. BUDHOOLIYA - LEARNED PUBLIC PROSECUTOR FOR THE RESPONDENT-STATE This application coming on for HEARING this day, the 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 348/2023 registered at Police Station Piprai, District Ashoknagar (M. P.
), for an offence punishable under section 34(2) of the Excise Act. The applicant is in judicial custody since 07/12/2023. According to the prosecution case, on secret information, on 07/12/2023 Shri Hari Singh Tomar, ASI alongwith police force reached at village Mohari and intercepted the applicant. Applicant was found to be in Signature Not Verified Signed by: MAHENDRA Signing time: 13-01-2024 06:03:00 AM possession of two canes containing country made raw liquor quantity 58 bulk liters, therefore, offence punishable under Section 34(2) of M. P. Excise Act wa s registered by Police Station Piprai, District Ashoknagar (M. P. ) and applicant was arrested on 07/12/2023, he is in custody ever since. After completion of investigation, final report was submitted on 04/01/2024. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. No offence as alleged is made out against the applicant.
He is permanent resident of Village Piprai, District Ashoknagar (M. P. ). Applicant is aged 32 years. He is sole bread earner in the family and there is no likelihood of his absconsion leaving family and property. Final report has been filed, therefore, no further custodial interrogation is needed. No criminal antecedent is reported against the applicant. There is no likelihood of repeat of offence. 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. Heard 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. Accordingly, it is directed that applicant SHAITAN shall be released on bail in relation to Crime No 348/2023 registered at Police Station Piprai, District Ashoknagar (M. P. ), for an offence punishable under section 34(2) of the Signature Not Verified Signed by: MAHENDRA Signing time: 13-01-2024 06:03:00 AM 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, : (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) 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 police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA Signature Not Verified Signed by: MAHENDRA Signing time: 13-01-2024 06:03:00 AM This order shall be effective till the end of trial.
However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of 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 had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE MKB Signature Not Verified Signed by: MAHENDRA Signing time: 13-01-2024 06:03:00 AM
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