Madhya Pradesh High Court
Anoop Jaiswal @ Jassa vs The State Of Madhya Pradesh on 16 May, 2017
MCRC-5390-2017
(ANOOP JAISWAL @ JASSA Vs THE STATE OF MADHYA PRADESH)
16-05-2017
Mr. Suresh Rai, learned counsel for the applicant. Mr. G.S. Thakur, learned Panel Lawyer for the State. This is the second application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Anoop Jaiswal @ Jassa for offences under section 34(2) of the M.P. Excise Act, registered at Police Station Nagod, District Satna, vide Crime No.481/2015. The first one having been dismissed on merits vide order dated 16.08.2016 in M.Cr.C. No.14542/2016. The applicant is in judicial custody since 31.05.2016.
In order to show change in the circumstances, the statements of seizure witnesses before the trial Court have been filed which are on page 13 to 15. Both the witnesses have turned hostile as regards the seizure from the applicant and have stated categorically that no seizure was made by the police in their presence.
In the changed circumstances and looking to the facts of the case and also the fact that the applicant is in judicial custody since 31.05.2016, and the charge sheet has been filed, I am inclined to allow the instant application and direct that the applicant be enlarged on bail upon his furnishing 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.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE gn