Madhya Pradesh High Court
Jeetendra Jaishwal @ Bholey vs The State Of Madhya Pradesh Judgement ... on 22 October, 2013
1 M.Cr.C. No.12829/2013
M.Cr.C.No.12829 / 2013
22.10.2013
Shri Prakash Upadhyay, learned counsel for the
applicant.
Shri R.N. Yadav, learned Panel Lawyer for the
respondent / State.
Heard.
This is the first bail application filed by the applicant Jitendra under Section 439 of the Cr.P.C. for grant of bail.
On perusal of C.D. it is clear that the applicant is in custody since 11.09.2013 in connection with Crime No.301 /2013 for the offence punishable under Section 34 (2) of M.P. Excise Act (2 of 1915).
Learned counsel for the applicant prays for bail on the following grounds:-
(i) That the applicant is innocent and has been falsely implicated.
(ii) That the applicant Jitendra has been made accused on the basis of statement given by the co-accused Satish Patel, because as per prosecution case co-accused Satish was driving Jeep No. MP 17 W 0093 from which 350 quarters, each containing 180 ml, total 63 bulk litres was seized on 09.09.2013.2 M.Cr.C. No.12829/2013
(iii) That another person jumped from the Jeep and taking advantage of darkness successfully escape. It was co-
accused Satish who stated that escaped person was applicant Jitendra so he was arrested after 2 days on 11.09.2013 since then he is in custody.
(iv) That the applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for the applicant relying on following judgments in support of his arguments:-
(i) Rajendra v. State of M.P., 2002 (5) MPLJ 301=2002 (4) MPHT 186.
(ii) Hariram v. State of M.P., 2001 (2) MPLJ 202=2001 (3) MPHT 377.
(iii) Shekh Lala v. State of Chhattisgarh, 2001 (4) MPHT 17 (CG).
On the other hand, learned counsel for the State submits that more than 50 bulk litres of liquor was recovered and as the prosecution is opposing the application for grant of bail, the application cannot be allowed.
Looking to the facts and circumstances of the case, without expressing any view on merits of the case and considering the averments made by learned counsel for the 3 M.Cr.C. No.12829/2013 parties, the application under Section 439 of Cr.P.C. may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant Jitendra be released on bail on furnishing a personal bond in the sum of Rs.50,000 / - (Fifty Thousand) each with one solvent surety of the same amount to the satisfaction of the C.J.M. to appear before the trial Court on the dates given by the concerned Court during trial.
C.C. as per rules.
(Subhash Kakade) Judge AK/