Madhya Pradesh High Court
Chen Singh vs The State Of Madhya Pradesh on 12 April, 2019
1 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.8732 of 2019 & M.Cr.C. No.12123 of 2019 (Lokendra Singh vs. State of MP) & (Chen Singh vs. State of MP) Indore, dated : 12.04.2019 Shri R. R. Bhatnagar, learned counsel for the applicant - Lokendra Singh in M.Cr.C. No.8732/2019 and Chen Singh in M.Cr.C. No.12123/2019.
Shri Yogesh Kumar Gupta, learned Public Prosecutor for the non- applicant - State.
Heard. Perused the case diary.
Both are first applications under Section 439 of Cr.P.C. for grant of bail. Applicants - Lokendra Singh S/o Joravar Singh Rajput and Chen Singh S/o Heeralal Gujar are implicated in Crime No.08/2019 registered at Police Station - Industrial Area Jaora, District Ratlam for the offence punishable under Sections 34(2) of the M. P. Excise Act and they are in custody since 12.01.2019 and 04.01.2019 respectively.
As per the prosecution story, 198 bulk litres of liquor was seized from a vehicle and when asked applicant Chen Singh, he stated that he did not know about the owner of the vehicle and the driver of the vehicle had also fled from the spot. When investigated, it was found that the vehicle was registered in the name of one Dinesh and when contacted Dinesh stated that he had sold the vehicle to Imran and Imran on being interrogated, stated that he had sold the vehicle to Lokendra Singh. Thus, it transpires that although registered owner of the vehicle is Dinesh, Lokendra Singh is the defecto owner of the vehicle. Lokendra Singh, in his memorandum has stated that he fled from the spot when the police party has intercepted the vehicle.
Learned counsel for the applicants submit that charge-sheet has since been filed and there are no criminal antecedents against the applicants under the provisions of M. P. Excise Act 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.8732 of 2019 & M.Cr.C. No.12123 of 2019 (Lokendra Singh vs. State of MP) & (Chen Singh vs. State of MP) Per contra, learned Public Prosecutor for the State protested the bail application and fairly admits that there are no cases registered against the applicant Chen Singh. However, he submits that there are criminal antecedents pertaining to provisions of IPC triable by JMFC against Lokendra Singh.
Considered rival contentions.
Considering overall facts and circumstances of the case, without commenting upon the merits of the case, I allow both these bail applications and it is directed that the applicants - Chen Singh & Lokendra Singh shall be released on bail subject to their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one local surety each in the like amount to the satisfaction of the concerned JMFC/CJM for their regular appearance before him or trial Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicants shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
A copy of this order be sent to the Court concerned for compliance. M.Cr.C. No.12123/2019 and M.Cr.C. No.8732/2019 are allowed and stands disposed of.
Certified copy as per rules.
(Shailendra Shukla) Judge gp Digitally signed by Geeta Pramod Date: 2019.04.12 15:31:06 +05'30'