Madhya Pradesh High Court
Ghuman Singh Lodhi vs The State Of Madhya Pradesh on 21 August, 2019
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-32995-2019
The High Court Of Madhya Pradesh
MCRC-32995-2019
(GHUMAN SINGH LODHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 21-08-2019
Shri Isar Ahmad, learned counsel for the applicants.
Shri Sanjeev Singh, learned Panel Lawyer for respondent/State.
Case diary is available.
This is first application on behalf of the applicants under Section 439 of Cr.P.C. for grant of bail.
The applicants have been arrested on 24.06.2019 in connection with Crime No.185/2019 registered by Police Station Batiyagarh, District Damoh for the offence punishable under Section 34(2) and 42 of the M.P. Excise Act, 1915.
As per the prosecution case, approximately 58 bulk litres of illicit liquor has been seized from the joint possession of applicants whereon a case as mentioned above has been registered against them.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. It is also submitted that no other offence of similar nature has been registered against the applicant No.2 and only one offence under section 34(1) of IPC has been registered against the applicant No.1. The applicant are in jail since 24.06.2019. Trial will take a long time to conclude. The applicants are permanent resident of the district Damoh and there is no likelihood of their absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicants on bail.
Per contra, learned counsel for the respondent has opposed the application and prayed for its rejection.
Heard counsel for the parties and perused the case diary. Considering entire facts and circumstances of the case as well as looking to the fact that only one case under Section 34(1) of Excise Act has been registered against the applicant No.1 and no other case has been Digitally signed by KAFEEL AHMED ANSARI Date: 22/08/2019 04:54:25 2 MCRC-32995-2019 registered against them, this Court is of the view that it is a fit case in which the applicants may be enlarged on bail, hence, without commenting on merits of the case, this application is allowed on strict terms. It is ordered that the applicants- Ghuman Singh Lodhi and Raja Singh Lodhi be released on bail on furnishing a personal bond for the sum of Rs.60,000/- each with two local solvent sureties each in the like amount to the satisfaction of the trial Court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. This order will remain operative subject to compliance of the following conditions by the applicants :-
(1) The applicants will comply with all the terms and conditions of the bond executed by them;
(2) The applicants will cooperate in the trial; (3) The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer;
(4) The applicants shall not commit any offence during the entire period of bail;
(5) The applicants will not seek unnecessary adjournments during the trial; and (6) The applicants will not leave India without previous permission of the trial Court.
(7) The applicants shall inform the trial Court about their address and residence in case the applicant moves out from their permanent address for any point of time.
(8) The applicants shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE Digitally signed by KAFEEL AHMED ANSARI Date: 22/08/2019 04:54:25 3 MCRC-32995-2019 kafeel Digitally signed by KAFEEL AHMED ANSARI Date: 22/08/2019 04:54:25