Madhya Pradesh High Court
Peeru Singh vs The State Of Madhya Pradesh on 15 November, 2017
1
M.Cr.C. No.17713/2017 (Peeru Singh vs. State of M.P.)
M.Cr.C. No.17713/2017
(Peeru Singh vs. The State of Madhya Pradesh)
Indore, Dated: 15/11/2017
Shri R.R. Bhatnagar, learned counsel for the
petitioner.
Shri Bhuvan Gautam, learned Public Prosecutor for
the respondent / State.
Heard.
This is a bail petition under Section 439, Cr.P.C seeking bail in connection with Crime No.490/2017 registered at Police Station Alote, District Ratlam, for offence punishable under Section 34(2) of M.P. Excise Act.
As per information given by the accused, no other bail application is either filed or pending or has been decided by any co-ordinate Bench of this Court or by Hon'ble the Apex Court in connection with the present crime number.
Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in the offence. The petition is in jail since 17/09/2017. The investigation is over and charge sheet has been filed. It is further submitted that no criminal antecedents are attributable to the petitioner. The conclusion of trial would likely to take time, hence prayed for release of the petitioner on bail.
Learned Public Prosecutor has opposed the prayer. As per the prosecution case, on secret information police intercepted the vehicle bearing registration No.MH-06- 2 M.Cr.C. No.17713/2017 (Peeru Singh vs. State of M.P.) 9933 on 09/09/2017 and on search, it was found that 270 bulk liters of country made liquor in 30 cartons was kept in the vehicle. The driver of the vehicle managed to escape from the place taking advantage of the dark. After nine days of the incident, Govindsingh and Kripalsingh revealed before police that it was Peeru Singh, who escaped from the vehicle.
On due consideration of the facts and circumstances of the case coupled with the fact that since 17/09/2017 the petitioner is in custody, the application is allowed. It is directed that the petitioner be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned CJM for his appearance before the trial Court subject to the following conditions:
(I) The petitioner shall cooperate in the trial and shall attend the trial court during the trial.
(II) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing facts of the case before the Court. (III) The petitioner shall not commit any offence or involve in any criminal activities (IV) In case any default in attendance before the Court or involvement in any other criminal activities is found the bail granted in this case may also be cancelled.
Certified copy as per Rules.
(Virender Singh) Judge sumathi Digitally signed by Sumati Jagadeesan Sumati DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Jagadeesan 2.5.4.20=c924c30fdbbbe5bd3576e03ddd1 b95d94f157e8aec842e0acdbeed50df8785 6b, cn=Sumati Jagadeesan Date: 2017.11.17 10:31:52 +05'30'