Madhya Pradesh High Court
Balwant Singh vs The State Of Madhya Pradesh on 31 October, 2018
MCRC.41711/2018
(Balwant Singh Vs. State of MP)
1
Gwalior, dated 31.10.2018
Shri Atul Gupta, Advocate for the applicant-
Balwant Singh.
Shri Shiraj Qureshi, Public Prosecutor for the
respondent/State.
Appearing counsel for the parties heard on alleged first regular bail application filed before this Court under Section 439 of CrPC on behalf of the applicant Balwant Singh in relation to Crime No.306/2018, registered at Police Station Esagarh, District Ashoknagar in reference to the offence punishable under Sections 34 (2) of the MP Excise Act and the produced case diary and documents filed on behalf of the applicant are perused.
Applicant Balwant Singh was arrested on 5.10.2018 and his regular bail petition has already been dismissed by Sessions Judge, Ashoknagar vide an order dated 9.10.2018, whose certified copy has been filed with the application under consideration.
Appearing counsel for the applicant-Balwant Singh placing reliance on the copies of certain orders passed by the Courts below contends that previously no offence was registered against the applicant under MP Excise Act and in relation to previously registered crime No. 304/2018 at same police station regarding the offences punishable under Sections 327, 324, 506 of the IPC he has been granted benefit of regular bail vide order dated 22.10.2018 passed MCRC.41711/2018 (Balwant Singh Vs. State of MP) 2 by First Additional Sessions Judge, Ashoknagar, whose copy is annexed with the application under consideration and another crime registered against the applicant is in relation to minor offence and another case is related to Ishtgasa filed before the Executive Magistrate. He further contends that completion of investigation and thereafter trial would take sufficient time and relating offence is not punishable with life imprisonment. Therefore, it is prayed that benefit of regular bail be provided to the applicant-Balwant Singh.
Per Contra, above mentioned prayer has been opposed by the Public Prosecutor appearing on behalf of the respondent/State, on ground that on 5 th October, 2018 after receiving secret information from the informer at the indicated place, a car bearing registration No. MP67-C-2213 was intercepted, which was being driven by co-accused Rajpal and present applicant Balwant Singh was seated in it and in the car in total 350 quarters, each containing 180 ML liquor, were seized and as the applicant is having criminal history, dismissal of his bail petition is prayed.
Having heard the rival contentions of the learned counsel for the parties, without commenting on the merits of the case, as previously no offence under Section 34(2) of the MP Excise Act was registered against the applicant and as relating MCRC.41711/2018 (Balwant Singh Vs. State of MP) 3 offence is not punishable with life imprisonment and in previously registered crime he has been on bail, therefore, his case appears fit for granting him benefit of regular bail with stringent conditions.
Hence, it is ordered that on furnishing a personal bond for Rs.60000/- (Rupees Sixty Thousand) with two sureties of the like amount to the satisfaction of CJM Ashoknagar, for his regular appearance before the relating Court in future on fixed dates with following conditions, applicant Balwant Singh be released on regular bail:-
1. The applicant shall not commit any other offence in future.
2. He shall not try to influence any prosecution witness in any manner.
3. On breach of any of the conditions imposed, the prosecution shall be free to apply for cancellation of bail before the competent court.
Certified copy as per rules.
Case diary be returned.
(Ashok Kumar Joshi) Judge (yog) YOGESH VERMA 2018.10.31 18:38:03 +05'30'