Madhya Pradesh High Court
Jeetu @ Jitendra Sharma vs The State Of Madhya Pradesh on 10 October, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 45318 of 2023
BETWEEN:-
JEETU @ JITENDRA SHARMA S/O SHRI BANWARILAL
SHARMA, AGED 34 YEARS, R/O VILLAGE CHITARA
(KANKARA) TEHSIL KARAHAL DISTRICT SHEOPUR
(MADHYA PRADESH)
.....APPLICANT
(SHRI PRADEEP KATARE- ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION BARGAWA DISTRICT SHEOPUR (MADHYA
PRADESH)
.....RESPONDENT
(SHRI ROHIT SHRIVASTAVA- PANEL LAWYER)
This application coming on for hearing this day, the court passed the
following:
ORDER
The first bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.92 of 2023, registered at Police Station Bargava, District Sheopur (M.P.) for offence punishable under Section 34(2) of MP Excise Act.
According to the prosecution case, on secret information, on 09/09/2023, police squad reached on the spot and intercepted main accused Sugreev. He is found in possession of 54 litre country made liquor. Sugreev in Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11-10-2023 10:04:35 AM 2 his statement recorded under Section 27 of Evidence Act alleged that the illicit liquor was given to him for sale by the applicant. On such allegation, PS Bargava, District Sheopur registered FIR in Crime No.92 of 2023 for offence punishable under Section 34(2) of MP Excise Act. Investigation is underway.
Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated. He is suspecting arrest because as per the prosecution case, main accused in his statement recorded under Section 27 of Evidence Act alleged involvement of the applicant. Learned counsel contends that the statement of co-accused before police is not admissible against the applicant. Applicant is a resident of village Chitara, Police Station Bargava, District Sheopur (M.P.). He is sole bread earner in the family and there is no likelihood of his absconding leaving family and property. There is no likelihood of interference in the investigation. Jail incarceration would bring social disrepute and financial hardship to the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application. Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commencing on merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Thus, the application is allowed.
Accordingly, it is directed that in the event of arrest of applicanta, applicant JEETU @ JITENDRA SHARMA shall be released on bail in relation to Crime No.92 of 2023, registered at Police Station Bargava, District Sheopur Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11-10-2023 10:04:35 AM 3 (M.P.) for offence punishable under Section 34(2) of MP Excise Act , upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the officer making arrest, for compliance with the following conditions:
(1) Applicant shall make themselves available for investigation as may directed by the officer, in-charge of investigation;
(2) Applicant shall not commit or get involved in any offence of similar nature;
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the police officer;
(4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;
(5) Upon submission of final report under Section 173 of Cr.P.C, the applicant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;
(6) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11-10-2023 10:04:35 AM 4 Avi Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 11-10-2023 10:04:35 AM