Madhya Pradesh High Court
Sitarasingh vs The State Of Madhya Pradesh on 19 January, 2018
HIGH COURT OF MADHYA PRADESH
Page no 1
M.Cr.C. No. 23899/2017
( Sitarasingh Vs. State of M.P. )
Indore, dated 19/01/2018
Shri Anurag Vyas, learned counsel for the applicant.
Shri Vishal Sanothiya, GA for the respondent/State.
Heard. Case diary perused.
This is first application under section 439 of Cr.P.C for grant of bail in connection with the Crime no.294/2017 registered at police station - Kanwan, Dkst - Dhar for commission of the offence punishable under sections 34(2) of the M.P. Excise Act..
As per the prosecution story, on 14/07/2017, one truck bearing registration no. PB-06-F-3535 was parked on road, due to heavy rain . During search, total 900 bulk liters foreign liquor has been recovered from the truck. The applicant was the driver of the truck and he was not having any licence regarding this liquor.
Learned counsel for the applicant submitted that the applicant has not committed any offence and he has been falsely implicated in the present matter. The applicant is in custody since 13/07/2017 without any specific reason. Investigation is over. Charge sheet has been filed. Conclusion of the trial will take time and the applicant cannot be kept in custody for unlimited period. Learned counsel has also placed reliance on the order dated 22/06/2017 passed in MCRC no. 4388/2017 ( Ghanshyam S/o Bhagirath Verma Vs. State of M.P. ). In these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
On the other hand, learned public prosecutor for the respondent / State opposed the application by contending that HIGH COURT OF MADHYA PRADESH Page no 2 the applicant is the resident of District - Amritsar ( Punjab ) and the huge quantity of the foreign liquor was recovered from his possession and there is every possibility that the applicant shall run away from the course of justice, if he is released on bail, hence the application filed by the applicant be dismissed.
After hearing learned counsel for the parties and considering the fact that total 900 bulk liters foreign liquor has been recovered from the possession of the applicant as also looking the huge quantity of the foreign liquor, this Court is not inclined to grant bail to the applicant. The case referred by learned counsel for the applicant, in which liquor was seized from the agricultural field, which is an open place, does not given any assistance to the applicant. Accordingly, present application is dismissed.
Certified copy as per rules.
(S.K. AWASTHI) JUDGE Digitally signed by AMOL N MAHANAG AMOL N DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Maharashtra, 2.5.4.20=a64027030d65b93b096992ab3ea7811 MAHANAG 22c6d471bcf7cdec79e89d7581dfbe928, serialNumber=0bc8bb7f1eff7c1663b2a5d18d6 efe7ca91b51399456278d4ff54a676d8104d6, cn=AMOL N MAHANAG Date: 2018.01.20 15:29:22 +05'30'