Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Roop Singh vs The State Of Madhya Pradesh on 4 August, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 4 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 34191 of 2023

                          BETWEEN:-
                          ROOP SINGH S/O ANANTRAM YADAV, AGED ABOUT 26
                          YEAR S, OCCUPATION: BUSINESS R/O WARD NO 09
                          BANDHIYAN MOHALLA P.S. CITY KOTWALI DISTRICT
                          CHHATARPUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI RAJKAMAL CHATURVEDI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION   MATAGUN    DISTRICT  CHHATARPUR
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY MS. SWETA YADAV - GOVT. ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

This is first application filed by applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.101/2023, registered at Police Station-Mataguan District-Chhatarpur (MP) for the offence punishable under Sections 34(2) of MP Excise Act.

2. Learned counsel appearing for the applicant submitted that Police has seized about 108 bulk litres from an abandoned car. Applicant is not owner of vehicle in question. Later on, father of applicant, who is owner of vehicle informed police that applicant has taken the vehicle with him for driving. It is Signature Not Verified Signed by: NEETI TIWARI Signing time: 8/5/2023 9:54:36 AM 2 submitted that in these circumstances, offence under Section 34(2) of IPC is registered against him. Counsel for applicant submitted that applicant does not have any criminal antecedent under Section 34 of MP Excise Act. Applicant has not been convicted, therefore, requirement of Section 34(2) of MP Excise Act is not fulfilled. In these circumstances, offence under Section 34(2) of MP Excise Act will not be made out against applicant, therefore, applicant may be granted benefit of anticipatory bail.

3 . Learned Government Advocate appearing for the State has opposed the anticipatory bail application.

5. Heard learned counsel for the parties.

6. This Court vide order dated 23rd of June, 2023 in M.Cr.C.No.23717/2023 (Pavan Gour Vs. State of Madhya Pradesh) has held that requirement of making out the case under Section 34(2) of MP Excise Act is possession of more than 50 bulk litres of illicit liquor and conviction of accused under Section 34(1)(a) or 34(1)(b) of MP Excise Act. In the present case, there is no conviction, therefore, requirements of offence under Section 34(2) of MP Excise Act are not fulfilled.

7. Considering the aforesaid circumstances, anticipatory bail application filed by the applicant is allowed. It is directed that in the event of arrest, applicant be released on anticipatory bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation or before the Court during trial as and when directed.

8. The applicant will further abide by the conditions enumerated in sub- section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 8/5/2023 9:54:36 AM