Madhya Pradesh High Court
Saudan Singh vs The State Of Madhya Pradesh on 22 April, 2019
1 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.13175 of 2019 (Saudan Singh vs. State of MP) Indore, dated : 22.04.2019 Shri Abhishek Gupta, learned counsel for the applicant. Shri Anil Ojha, learned Public Prosecutor for the non-applicant
- State.
Heard. Perused the case diary.
This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant - Saudan Singh S/o Narsingh is apprehending his arrest in connection with Crime No.433/2018 registered at Police Station Sanwer, District Indore for the offence punishable under Sections 34(2) of the M. P. Excise Act.
As per the prosecution case, applicant was one of the occupants of the car from which 63 bulk litres of liquor was seized. The driver of the car was apprehended on the spot however, as per the prosecution case, the applicant managed to flee.
Learned counsel for the applicant submits that applicant was never present in the car and at that relevant point of time, he was elsewhere. He has further submitted that CCTV footage of petrol pump at Ninora is 35 kms. away from the spot.
On the last occasion, this Court had called for the CCTV footage to substantiate the facts pertaining to alibi to be put-forth by the prosecution.
As per report of SHO, Police Station Sanwer, District Indore, CCTV footage of more than two weeks are not available and it gets deleted by itself and in this circumstance, it is not possible to procure CCTV footage. However, as per Annexure-4, which is the footage of Digitally signed by Geeta Pramod Date: 22/04/2019 17:07:58 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.13175 of 2019 (Saudan Singh vs. State of MP) petrol pump contains date as 13.10.2018 and the time has been shown to be 7.51 PM whereas, as per case diary, time has been shown to be 7.45 PM on 13.10.2018.
Per contra, learned Public Prosecutor for the State protested the anticipatory bail application and submits that there are criminal antecedents and as many as five cases are registered against the applicant.
On due consideration of the aforesaid so also Annexure-A/4, which is photograph, there is substance in the submissions made by the counsel for the applicant. Without commenting upon the merits of the case, I am of the considered view that it is a fit case to allow the application for grant of anticipatory bail of the applicant. Therefore, this application is allowed and it is directed that the applicant - Saudan Singh shall not be arrested by the Arresting Officer, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of like amount to the satisfaction of the Arresting Officer, subject to abiding the conditions enumerated under Section 438 (2) of the Cr.P.C. and he will cooperate with the investigating officer.
M.Cr.C. No.13175/2019 is allowed and stands disposed of. Certified copy as per rules.
(Shailendra Shukla) Judge gp Digitally signed by Geeta Pramod Date: 22/04/2019 17:07:58