Madhya Pradesh High Court
Mukesh Thakur vs The State Of Madhya Pradesh on 4 January, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 26656/2017
(Mukesh Thakur Vs. State of M.P.)
Jabalpur; dated-04.01.2018
Shri Anand Nayak, counsel for the petitioner.
Shri Narendra Chourasia, Deputy Government Advocate for
the respondent/State.
Shri V.K.Upadhyay, counsel for the objector. Learned counsel for the objector submits that he is appearing on behalf of the authorized liquor contractor of the area. Since, such a contractor has no locus standi in the matter, the permission to assist the prosecution is declined.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Mukesh Thakur in Crime No.540/2017, registered by P.S.Dehat, District- Hoshangabad (M.P.) under Section 34(2) of the M.P. Excise Act.
As per the prosecution case, on an information received from an informant, the petitioner was caught by the Police force hiding something in the garbage. He was caught with 63 bulk litres of illicit country made liquor from his possession.
Learned counsel for the petitioner submits that the petitioner has been in custody since 01.12.2017 and charge-sheet in the matter has been filed. He has no other cases under the provisions of the Excise Act previously registered against him; therefore, it has been prayed that the petitioner be released on bail.
Learned Deputy Government Advocate for the respondent/State on the other hand has opposed the application; however, he has conceded that as per the crime record received from the police station, no case under the provisions of the Excise Act has been previously registered against him; though there are five cases under the various provisions of the IPC registered against him previously.
Keeping in view the principles laid down by this Court in the case of Banshilal Vs. State of M.P., 2003 (2) MPLJ 369, in the opinion of this Court, the objection to the bail of applicant Mukesh Thakur put forward by learned Deputy Government Advocate for the respondent/State, does not appear to be just, fair and reasonable; therefore, keeping in view the facts and circumstances of the case in their totality, particularly the facts that the case is triable by JMFC, the charge-sheet has been filed and the applicant has not criminal record, he is entitled to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Mukesh Thakur, is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs.40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C.V. SIRPURKAR) JUDGE Sha Digitally signed by SHALINI SINGH LANDGE Date: 2018.01.05 13:54:10 +05'30'