Madhya Pradesh High Court
Anoop Jaiswal Alias Jassa vs The State Of Madhya Pradesh on 5 January, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 MCRC-54117-2021
The High Court Of Madhya Pradesh
MCRC No. 54117 of 2021
(ANOOP JAISWAL ALIAS JASSA Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 05-01-2022 Shri Ashish Tiwari, learned counsel for applicant Anoop Jaiswal alias Jass.
Shri Pushpendra Verma, learned Panel Lawyer for the non- applicant/State.
This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant, who is in custody since 10.10.2020 in connection with Crime No.344/2018 registered at Police Station Nagod, Distt. Satna for the offence under Section 34(2) of M.P. Excise Act,1915.
According to the prosecution story, 90 bulk liters of country made liquor has been seized from unauthorized possession of the applicant.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case and he has not committed any offence. Trial will take time for its conclusion. Applicant is in custody since 10.10.2021. Investigation is complete. Charge sheet has been filed. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the State opposes the bail application and submits that there is long criminal history of 38 cases out of which 28 cases are under the provisions of Excise Act.
Taking into consideration the facts & circumstances of the case and on a perusal of the material available in the case diary, I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the form of FDR to the tune of Rs.2,00,000/- (Rs.two lakh) with two solvent sureties in the like amount to the satisfaction of the Signature Not Verified SAN Trial Court concerned for his appearance before the said Court on all such Digitally signed by TULSA SINGH Date: 2022.01.05 18:05:23 IST 2 MCRC-54117-2021 dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
It is further directed that the applicant shall report before the Police Station, Nagod, Distt. Satna on every first day of each month till completion of the trial and shall not leave local area without prior permission to the concerned trial Court and shall appear before the trial Court regularly without fail and in case he indulges in any other offence of similar nature then prosecution will be free to move an application for cancellation of his bail.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
The jail authorities and the 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.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified SAN Digitally signed by TULSA SINGH Date: 2022.01.05 18:05:23 IST