Madhya Pradesh High Court
Rem Singh vs The State Of Madhya Pradesh on 26 February, 2021
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-8641-2021
The High Court Of Madhya Pradesh
MCRC-8641-2021
(REM SINGH Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 26-02-2021
Shri L.C. Chourasiya, learned counsel for the applicant.
Shri Saurabh Soni, learned Panel Lawyer for the respondent/State.
Heard on this fourth bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.
The applicant is in jail since 12/07/2020 in connection with Crime No.153/2020, registered at Police Station Handiya, District Harda, for commission of offences punishable under Section 34(2) of the Excise Act.
Previously filed all three applications have been dismissed on merits. Last one was dismissed by this Court vide order dated 11/01/2021 passed in M.Cr.C. No.144/2021.
The allegation against the applicant in short is that the applicant along with the other co-accused has been jointly apprehended with 60 bulk liters of country made liquor without having any license or authority.
Learned counsel appearing for the applicant submits that this fourth application has been filed on the ground that material, independent and seizure witnesses have already been examined before the trial Court and they do not support the case of prosecution and factum of seizure. A copy of the deposition has been filed along with this petition. It is further submits that the applicant is first offender and not having any criminal antecedent. He is in jail since 12/07/2020, therefore, it is prayed to enlarge the applicant on bail.
On the other hand, learned Panel Lawyer for the respondent-State vehemently opposed the application and submits that all previously filed Signature SAN Not three applications have been dismissed on merit but not objected on the Verified Digitally signed by KUNDAN SHARMA Date: 2021.02.27 10:59:54 IST 2 MCRC-8641-2021 point that applicant is having a criminal past.
Having heard both the counsel and gone through the deposition of both witnesses. No doubt, both witnesses have turned hostile and did not support the case of the prosecution. They clearly stated that nothing has been seized from the possession of the applicant in their presence. The police took their sign on blank papers. No doubt, independent witnesses did not support the factum of seizure from the possession of the applicant. Considering the fact that there is material change available on record for releasing the applicant on bail, now this Court is inclined to release the applicant on bail.
Consequently, this fourth application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.
It is directed that the applicant-Rem Singh shall 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 for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN)
JUDGE
kundan
Signature
SAN Not
Verified
Digitally signed by
KUNDAN SHARMA
Date: 2021.02.27
10:59:54 IST