ASHOK SINGH v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-08. ASHOK SINGH 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 8 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 57496 of 2023 BETWEEN:- ASHOK SINGH S/O SHRI BADAM SINGH GUDEN, AGED ABOUT 47 YEARS, SADHO KI BAGIA WARD NO 14 KASWA KARERA POLICE STATION KARERA DISTRICT SHIVPURI (MADHYA PRADESH) ..... APPLICANT (SHRI SOORAJ BHAN LODHI - ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH TOWN INSPECTOR POLICE STATION KARERA DISTRICT SHIVPURI (MADHYA PRADESH) ..... RESPONDENT (SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR) This application coming on for hearing this day, the court passed the following: ORDER Learned counsel for the applicant requests that although entire body of the application relates to bail under Section 439 of CrPC, but inadvertently the title mentions Section 438 of CrPC, therefore, the application may be considered under Section 439 of CrPC. Perused the application. Mistake appears to be bona fide, therefore, prayer accepted.
The application would be dealt with under Section 439 of CrPC. This first bail application has been filed by applicant under Section 439 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 09-01-2024 10:11:45 AM of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 632 of 2023 registered at Police Station Karera, District- Shivpuri (M. P. ) for offence punishable under Section 34 (2) of M. P. Excise Act. A s per the case of prosecution, ASI Praveen Trivedi intercepted one motorcycle near Galla Mandi on 10. 09. 2023. The pillion rider fled away taking benefit of darkness. Accused Mangal Barar was found transporting 80 bulk litres of countrymade raw liquor in two jerrycans tied with the motorcycle. Accordingly, illicit liquor was seized from possession of Mangal Barar. Statement of co-accused Mangal Barar was recorded under Section 27 of the Evidence Act.
He informed that Ashok Kanjar (applicant) was riding the motorcycle along with him, therefore, offence punishable under Section 34(2) of M. P. Excise Act was registered at Crime No. 632/2023 PS - Karera, Shivpuri against Mangal Barar and Ashok Kanjar. On completion of investigation, Final Report has been submitted on 19. 12. 2023. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter merely on the suspicion and the statement of co-accused given in police custody. Applicant has surrendred before the Trial Court and the Trial Court took him in judicial custody. His application under Section 439 of CrPC was rejected vi d e order dated 28. 12. 2023. He is in custody ever since. No incriminating article is seized from the possession of the applicant. Applicant is aged 47 years. He is a labourer by profession.
He is sole bread earned of the family, therefore, there is no likelihood of his absconsion leaving his family or home. No further custodial interrogation of applicant is needed. There is no likelihood of tampering with the evidence. Jail incarceration is causing hardship to the applicant and his family. The trial would take t ime to complete. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 09-01-2024 10:11:45 AM Therefore, the applicant may be extended the benefit of bail. Per contra, learned counsel for State opposes the bail application citing criminal history of 14 cases against the applicant out of which seven cases relate to offence punishable under Section 34(2) of M. P. Excise Act. In reply, learned counsel for the applicant submits that ten cases are pending for trial. Applicant has been released on bail in all other matters. Applicant has been acquitted in four matters. He has never been convicted in any of the matter.
Further, no offence is made out against the applicant in this case. 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 Ashok Singh shall be released on bail in relation to Crime No. 632 of 2023 registered at Police Station Karera District Shivpuri (M. P. ) for offence punishable under Section 34 (2) of M. P. 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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 09-01-2024 10:11:45 AM (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 izdjz.
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 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. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 09-01-2024 10:11:45 AM (SANJEEV S KALGAONKAR) JUDGE Vijay Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 09-01-2024 10:11:45 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.