Madhya Pradesh High Court
Anoop Jaiswal @ Jassa vs The State Of Madhya Pradesh on 8 April, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8th OF APRIL, 2022
MISC. CRIMINAL CASE No. 14625 of 2022
Between:-
ANOOP JAISWAL @ JASSA S/O AMRITLAL
JAISWAL , AGED ABOUT 38 YEARS, OCCUPATION:
BUSINESSMAN VILLAGE POUDI, POLICE STATION
NAGOD (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SURENDRA SINGH, SENIOR COUNSEL WITH SHRI SHIVAM
SINGH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION NAGOD POLICE STATION
NAGOD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GAURAV TIWARI, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
T he applicant has been arrested on 21.02.2022 by Police Station Nagod District Satna in connection with Crime No.274/2018 for the offence punishable under Section 34(2) of M.P. Excise Act and Section 420 of Indian Penal Code.
It is submitted that he has been falsely implicated in the case and he has not committed any offence in any manner. It is alleged that only on the basis of Section 27 of the memorandum of the other co-accused, he has been taken into custody. He in custody since 21.02.2022. As there is no further requirement of custodial interrogation of the applicant, he prays for grant of bail. There is no recovery to be made from the present applicant as the recovery has already been made from the other co-accused. It is argued that memo recorded under Section 27 of Cr.P.C. is having no evidentiary value and no conviction can be based upon memo of Section Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.11 18:02:13 IST
27. As far as criminal cases against the present applicant is concerned, it is argued 2 that he has already been released on bail in almost all the offences and some offences are registered against him on false and frivolous grounds and he has been implicated in the case. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail.
Per contra, State counsel has vehemently opposed the application stating that the applicant is an habitual offender having as many as 38 cases registered against him. Out of which 23 cases are registered under the Excise Act and three cases are registered under the NDPS Act, one case has been registered under Section 307 and 302 of I.P.C. He is an habitual offender committing offences since 2004 continuously. The offence was registered in the year 2018 and he has been absconding since then and even after 2018 he has committed 4, 5 offences in 2020 including offences under the Excise Act and NDPS Act. It is argued that the applicant is running a racket of carrying on these illegal activities under the Excise Act and NDPS Act, virtually he is spoiling the young generation. Taking advantage of the fact that he was not arrested on the spot he has been released on bail in maximum cases but the fact remains that he is the principal accused who is carrying on such activities. Looking the long criminal history of the present applicant, and looking to the custody period of the applicant, he prays for rejection of the application.
Considering the overall facts and circumstances of the case and looking to the long criminal history of the present applicant including the cases under the NDPS Act and the Excise Act and under the heinous offences like 307 and 302 of I.P.C., this Court does not deem it appropriate to enlarge the applicant on bail.
The application is hereby rejected.
(VISHAL MISHRA) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.11 18:02:13 IST