Madhya Pradesh High Court
Pappu Singh vs The State Of Madhya Pradesh on 26 March, 2019
HIGH COURT OF MADHYA PRADESH ; BENCH AT INDORE
M.Cr.C.No.10632/2019
(Pappusingh Vs. State of Madhya Pradesh)
Indore, Dated 26.03.2019
Shri Ashish Gupta, learned counsel for the applicant.
Shri Vineet Hardia, learned Public Prosecutor for the
respondent/State.
This is second application under Section 439, Cr.P.C for grant of bail in connection with Crime No.126/2018, registered at Police Station - Badavada, district Ratlam for commission of offence punishable under Sections 468, 471, 473, 476 of IPC and section 34(2) of the Excise Act. The first bail application has been dismissed as withdrawn vide order dated 14.1.2019 passed in M.Cr.c.No. 1532/2019.
As per prosecution case, on 6.7.2018 on the basis of secret information police reached at the field of Jaswant singh Rajput where illicit liquor was being made. Police arrested the co-accused persons and on the basis of their disclosure statements recorded under section 27 of the Evidence Act, applicant has also been implicated in the present case.
Learned counsel for the applicant submits that applicant has not committed any offence and he has falsely been implicated in the present crime. No illicit liquor or any article relating to preparation of liquor has been recovered from the possession of the applicant. The applicant has been implicated in the present case only on the basis of disclosure statement of Gajendra Singh and Jaswant Singh recorded under section 27 of the Evidence Act, which is not legal evidence. Except this, there is nothing on record to connect the applicant with the present crime. Applicant is under custody since 20.12.2018. Investigation is over, chargesheet has been filed and conclusion of trial will take sufficient long time. Co-accused Shersingh has already been granted bail by this Court vide order dated 26.2.2019 passed in M.Cr.C.No.8341/2019 and the case of the applicant is similar to him. Under these changed circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only), with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S. K. AWASTHI) JUDGE mk MUKTA KAUSHAL 2019.03.27 15:56:31 -07'00'