SHIVRAJ SINGH v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-02. SHIVRAJ 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 SMT. JUSTICE SUNITA YADAV nd ON THE 2 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4574 of 2024 BETWEEN:- SHIVRAJ SINGH S/O SHRI KISHANLAL, AGED ABOUT 32 YEAR S, OCCUPATION: AGRICULTURE GRAM KAFAR THAN AND TEHSIL KHANIYADHANA DISTRICT SHIVPURI M. P. (MADHYA PRADESH) ..... APPLICANT (BY MR. ANAND PUROHIT - ADVOCATE) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION AMOLA DISTRICT SHIVPURI MP (MADHYA PRADESH) ..... RESPONDENT (BY MR. PRABHAKAR KUSHWAH - PANEL LAWYER) This application coming on for admission this day, the court passed the following: ORDER This is first application filed by the applicant under Section 439 of the CrPC for grant of bail relating to FIR No. 03 of 2024 registered at Police Station Amola, District Shivpuri (M. P. ) for the offence under Sections 34(2) of Excise Act. Allegation against the present applicant is that 900 litres of country made plain illicit liquor worth of Rs.
3,50,000/- has been seized from the joint possession of present applicant and co-accused persons without having any valid license. Signature Not Verified Signed by: ALOK KUMAR Signing time: 2/2/2024 04:24:30 AM Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that seized liquor belongs to its contractor and not the applicant. The applicant is in custody since 08. 01. 2024. Investigation has already been completed by filing of charge-sheet, therefore further custodial interrogation is no more required. It is further submitted that offence is triable by JMFC and trial is likely to take long time to conclude. Applicant is ready to abide by all the terms and conditions imposed by this Court while granting bail. Further argument is that co-accused Devendra Lodhi has already been granted bail by this Court by order dated 31. 1. 2024 passed in MCRC No.
2719 of 2024 and case of the present applicant is in parity with the co-accused. On these grounds, he prays for grant of bail to the applicant. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him; 2) The applicant will cooperate in the investigation/trial, as Signature Not Verified Signed by: ALOK KUMAR Signing time: 2/2/2024 04:24:30 AM the case may be; 3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 2/2/2024 04:24:30 AM
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.