Madhya Pradesh High Court
Shankar Kanjar vs The State Of Madhya Pradesh on 29 November, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
MCRC-49419-2019
(SHANKAR KANJAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :29/11/2019
Shri Alok Sharma, learned counsel for the applicant.
Shri S.S. Rajput, learned Public Prosecutor for the
respondent-State.
Case diary perused.
The applicant has filed this second application u/S.439, Cr.P.C. for grant of bail after dismissed as withdrawn of earlier one with liberty to come again after filing of charge-sheet.
The applicant has been arrested by Police Station Panihar, District Gwalior (M.P.), in connection with Crime No.45/2019 registered in relation to the offence punishable u/S.34(2) of M.P. Excise Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. As per prosecution case, 115 liters of country made liquor alleged to have been seized from the possession of the applicant. The applicant is in custody since 31.10.2019. It is further alleged that investigation in the matter is over and charge-sheet has been filed on 13.11.2019. Therefore, he prays for grant of bail.
Learned Public Prosecutor for the respondent/State opposed the prayer and contended that the applicant has been found in THE HIGH COURT OF MADHYA PRADESH MCRC-49419-2019 (SHANKAR KANJAR Vs THE STATE OF MADHYA PRADESH) possession of the liquor. It is further alleged that the applicant is habitual offender and there is one offence bearing Crime No.132/2018 has been registered against the present applicant in which investigation is going on and during the pendency of trial second offence has been committed. He admits that investigation in the matter is over and charge-sheet has been filed on 13.11.2019 but he prays for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicants and on perusal of the case diary and looking to the custody period and quantity of the liquor being seized from the applicant, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application for the applicant in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.2,00,000/-(Rupees Two Lac Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
THE HIGH COURT OF MADHYA PRADESH MCRC-49419-2019 (SHANKAR KANJAR Vs THE STATE OF MADHYA PRADESH)
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be.
4. The applicant shall not commit an offence similar to the offence of which he is accused, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
In event of failure to comply with any of the terms and conditions, the State Authorities will be at liberty to move for cancellation of bail.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Vishal Mishra) Judge vpn VIPIN KUMAR AGRAHARI 2019.11.30 10:54:28 +05'30'