Madhya Pradesh High Court
Sundar @ Chhindar vs The State Of Madhya Pradesh on 1 October, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-32607-2020
The High Court Of Madhya Pradesh
MCRC-32607-2020
(SUNDAR @ CHHINDAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 01-10-2020
Heard through Video Conferencing.
Shri Narendra Nikhare, learned counsel for the applicant.
Shri Sunil Gupta, learned Panel Lawyer for the respondent/State.
Heard on this second bail application filed under Section 439 of Cr.P.C. on behalf of the applicant. The first application M.Cr.C. No.24569/2020 was dismissed on merits on 04.08.2020.
The applicant is in jail in connection with Crime No.162/2020 registered a t Police Station Excise Department, Obedullaganj, District Raisen, for commission of offence punishable under Section 34(2) of the M.P. Excise Act.
Learned counsel for the applicant submits that, this second application i s filed on the ground that, when the first application was dismissed, the investigation was in progress. Now, investigation is completed and after investigation charge-sheet has been filed. It is further submitted that, this is the first case of the applicant under Section 34(2) of the M.P. Excise Act and no other cases of the same nature of offence has been registered against the applicant, therefore, it has been prayed that the applicant may be released on bail.
Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that, applicant is having criminal antecedent, there were four previous criminal cases registered against the applicant pertaining to Section 34(1) of the M.P. Excise Act and prayed to dismiss this application.
Heard learned counsel for the parties and perused the record. From perusal of record it reflects that, the applicant was apprehended with 75 bulk liters of hand made country liquor without having valid license or authority. Signature Not SAN Verified Applicant is having criminal antecedent pertaining to M.P. Excise Act, which Digitally signed by SWETA SAHU Date: 2020.10.01 15:16:34 IST 2 MCRC-32607-2020 shows that applicant is habitual in illegally dealing the liquor. In these circumstances, this court is not inclined to release the applicant on bail.
Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Sunder @ Chhindar, stands dismissed.
(VISHNU PRATAP SINGH CHAUHAN)
JUDGE
ss
Signature
SAN Not
Verified
Digitally signed by
SWETA SAHU
Date: 2020.10.01
15:16:34 IST