Madhya Pradesh High Court
Anoop Jaiwal @ Jassa vs The State Of Madhya Pradesh on 9 December, 2016
MCRC-14433-2016
(ANOOP JAIWAL @ JASSA Vs THE STATE OF MADHYA PRADESH)
09-12-2016
Sushri Jyoti Rai, counsel for the applicant.
Shri S.P. Chadar, Panel Lawyer for the respondent/State.
Heard on this first application for bail under section 439 of Cr.P.C filed on behalf of applicant Anoop Jaiswal @ Jassa in Crime No.390/2015 registered by police station Nagod, District Satna under Section 34 (2) of the Excise Act.
As per prosecution case, police party of police station Nagod raided the house occupied by the petitioner. The petitioner and his father Amrit Lal Jaiswal were selling liquor. On seeing the police party, petitioner and his father ran away. Police seized about 70 Liters of illicit liquor valued at approximate Rs.3,00000/- from that house.
It has been submitted on behalf of the applicant- Anoop Jaiswal @ Jassa that the house from which the liquor was seized did not belong to the petitioner or his father. Due to enmity with the police officers of District- Satna, he has been falsely implicated in the case.
Learned Panel Lawyer for the respondent/State has opposes the application mainly on the ground that the petitioner is a habitual offender and has as many as 26 criminal cases registered against him at various police stations.
A perusal of the record submitted by the prosecution reveals that out of aforesaid 26 offences 12 are under Section 34 (2) of the Excise Act.
In the aforesaid circumstances in view of the interdict as contained in Section 59-A of the Excise Act and observations made by a Co-ordinate Bench of this Court in the case of Bansilal Vs. State of M.P, 2003 (2) M.P.L.J. 369 in the opinion of this Court, the applicant-Anoop Jaiswal @ Jassa does not deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C is dismissed.
(C V SIRPURKAR) JUDGE VS