Madhya Pradesh High Court
Jitendra Jaiswal vs The State Of Madhya Pradesh on 31 July, 2018
THE HIGH COURT OF MADHYA PRADESH
(JITENDRA JAILWAL & ANOTHER VS. THE STATE OF M.P.)
M.Cr.C. No.25368/2018
Jabalpur, dated 31/07/2018
Shri Akhil Singh, learned counsel for the applicants.
Shri Vivek Lakhera, learned G.A. for the respondent/State.
Case dairy perused and argument heard.
This is first bail application filed under Section 439 of the Cr.P.C. by applicants Jitendra Jaiswal and Umesh Tiwari, who have been arrested on 11/05/2018 in connection with Crime No.239/2018 registered at Police Station Nagod, District Satna for the offences punishable under Section 34(2) of the M.P. Excise Act.
As per the prosecution case on 11/05/2018 on the information of the informant that two persons carrying illegal wine were going towards Nagod side, A.S.I. Ramanand Dwivedi along with Police force went near college situated at village Kachloha and waited for them. After some time on seeing two persons coming on a bike he stopped them. They disclosed their names as Dharmendra Singh and Ajay Singh. A.S.I. Ramanand Dwivedi also seized three boxes of foreign liquor from their possession, which was being illegally carried by them on the motor bike bearing registration No.MP/19-MH/8622. On interrogation Dharmendra Singh informed that he took that liquor from the house of co-accused Jassa @ Anup Jaiswal. Thereafter, Police went to the house of Jassa @ Anup Jaiswal alongwith Dharmendra Singh and Ajay Singh, where applicants Jitendra and Umesh Tiwari and co-accused Vivek Jaiswal were also present, who informed the police that the house is owned by co-accused Jassa @ Anup Jaiswal. He also seized 470 boxes of foreign liquor from that house from the possession of applicant Jitendra Jaiswal. At that time applicant Jitendra Jaiswal informed the Police that that a lot of illegal liquor was stored in the old house of Jassa @ Anup Jaiswal. On that Ramanand Dwivedi went there alongwith applicant Jitendra and seized 620 boxes of illegal wine from the old house of Jassa @ Anup Jaiswal and registered the aforesaid crime.
Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. The Police seized illegal wine from the house of Jassa @ Anup Jaiswal. The applicant is only a salesman of the wine shop of Jassa @ Anup Jaiswal. He did not know that Jassa @ Anup Jaiswal illegally stored the english wine in his house. The applicant has no criminal past. The applicant is in custody since 17/05/2018 and conclusion of trial will take time. On the aforesaid grounds, learned counsel prayed that the applicants be enlarged on bail.
Learned counsel for the State opposed the prayer and submitted that the Police seized 9990 bulk litres of illegal wine from the possession of the applicant Jitendra and applicant Umesh was also involved in the crime. So looking to the provisions of Section 59-A of the M.P. Excise Act they should not be released on bail.
Looking to the facts and circumstances of the case and as to the fact that Police seized 9990 bulk litres of illegal wine from the possession of applicant Jitendra and applicant Umesh Tiwari is also involved in the crime and further looking to the provisions of Section 59-A of the M.P. Excise Act, this Court is not inclined to grant bail to the applicants.
Accordingly, M.Cr.C. is rejected.
(Rajeev Kumar Dubey) Judge as/ Digitally signed by ANURAG SONI Date: 2018.08.01 11:44:29 +05'30'