Madhya Pradesh High Court
Jaypal Singh Lodhi vs The State Of Madhya Pradesh Thr on 17 April, 2018
High Court of Madhya Pradesh Bench at Gwalior Misc.Cri.Case No.11861/2018 (Jaipal Singh Lodhi vs. State of MP) 1 Gwalior, dated 17.04.2018 Shri Tapendra Sharma, Advocate for the applicant. Shri Yogesh Parashar, Public Prosecutor for the State.
Appearing counsel for the parties heard on alleged first anticipatory bail petition filed before this Court under Section 438 of the CrPC in relation to Crime No.328/2017, registered at Station Excise Circle Pichhor, district Shivpuri in reference to offence punishable under Section 34 (2) of the MP Excise Act, and the produced case diary of the aforesaid crime number and case diary of Crime No. 443/2017 registered at Police Station Pichhor for offences punishable under Sections 294, 323, 341, 342, 34 of the IPC and Sections 3/181, 56/192 and 5/180 of the Motor Vehicles Act are also perused.
Applicant's anticipatory bail petition has already been dismissed by First Additional Sessions Judge, Shivpuri vide order dated 13.3.2018, whose certified copy is annexed with the petition under consideration.
Appearing counsel for the applicant contends that actually when applicant Jaipal was going on his motorcycle on 9th November, 2017 in the night at 10=30, then his motorcycle was intercepted by bolero jeep wherein employees of the liquor contractor were seated and they gave beating to the applicant on allegation that he sells liquor in their area and he was beaten by Dharmendra, Kuldeep, Sunder and one unknown person and he was taken by bolero jeep to Shivpuri and a false case was lodged in Excise Office, Shivpuri against the applicant and on next day he was released, then he reported the matter at Police Station Pichhhor, then Crime High Court of Madhya Pradesh Bench at Gwalior Misc.Cri.Case No.11861/2018 (Jaipal Singh Lodhi vs. State of MP) 2 No. 443/2017 was registered against the above mentioned persons.
Placing reliance on the photographs of applicant having injuries, it is contended that he was severally beaten by above mentioned persons, hence it is prayed that benefit of anticipatory bail be given to him and it is also contended that thereafter two other crimes were also registered against him relating to the offence punishable under MP Excise Act.
Per Contra, above-mention prayer has been strongly opposed by the appearing Public Prosecutor on behalf of the State on the grounds that in total 50 bulk liquor was seized from the possession of the applicant without licence and he is absconding from the date of incident as at the time of incident in accordance with received information by the informer when relating Excise Inspector with his companions intercepted the bike driven by the applicant, then he fled away throwing his bike with liquor on spot and thereafter he is absconding and a farari panchnama is prepared by Excise Sub-Inspector in presence of panch witnesses and it is also mentioned that previusly Crime No. 285/2017 at Police Station Pichhor was registered against the applicant under Section 34 of MP Excise Act, Crime No. 477/2017 at Police Station Pichhor under Section 49(A) of the MP Excise Act, Crime No. 567/2017 under Section 34 of the MP Excise Act, and Crime No. 151/2017 at same Police Station for offences punishable under Sections 452, 294, 323, 427, 147, 148 and 149 of the IPC were registered against the applicant and he is having criminal history and in any case his case High Court of Madhya Pradesh Bench at Gwalior Misc.Cri.Case No.11861/2018 (Jaipal Singh Lodhi vs. State of MP) 3 is not fit for granting him benefit of anticipatory bail.
From perusal of case diary of Crime No. 328/2017 registered at Excise Circle Pichhor against the applicant and Crime No. 443/2017 registered at Police Station Pichhor, and from the written application dated 10.11.2017 presented by the applicant at Police Station Pichhor, it is clear that the applicant was beaten by Dharmendra, Kuldeep, Sundar and one unknown person on the allegation that the applicant sells liquor in their area. The applicant was medically examined on 10.11.2017 at Community Health Centre (CHC) Pichhor and according to his MLC, injuries were found on both of his buttocks and both thighs, but according to his x-ray report, no any bony injury was found. The applicant is having criminal history and it is clear even by his report that he was beaten by the employees of liquor contractor on the allegation that he sells liquor in their area.
In view of the above mentioned total facts and circumstances of the case and his alleged absconsion, his case does not appear fit for granting him benefit of anticipatory bail. Therefore, the application filed by the application under Section 438 of the CrPC for anticipatory bail is dismissed.
Both the case diaries be returned to learned Public Prosecutor.
(Ashok Kumar Joshi) Judge (yog) Digitally signed by YOGESH VERMA Date: 2018.04.17 17:46:05 +05'30'