Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Rajesh Ghoshi vs The State Of Madhya Pradesh on 24 July, 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 24 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 30906 of 2023

                           BETWEEN:-
                           RAJESH GHOSHI S/O AJAB SINGH, AGED ABOUT 35
                           YEARS, OCCUPATION: BUSIENSS RESIDENT OF WARD
                           NO 1 GAIRATGANJ POLICE STATION GAIRATGANJ
                           DISTT. RAISEN (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI MADAN SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION GAIRATGANJ DISTRICT RAISEN (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI NARENDRA CHOURASIA - 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.261/2023, registered at Police Station-Gairatganj, District-Raisen (MP) for the offence punishable under Sections 34(2) of the M.P. Excise Act.

2. Learned counsel appearing for the applicant submitted that applicant is made accused on the basis of confessions made before police by co-accused persons, which is not admissible in evidence. Applicant is innocent and has been falsely implicated in the case. Offence is triable by the JMFC. In these Signature Not Verified Signed by: NEETI TIWARI Signing time: 25-07-2023 14:27:55 2 circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Government Advocate appearing for the State has opposed the anticipatory bail application. It is submitted by him that applicant has committed offence under Section 34(1) of MP Excise Act in the year 2020.

5. Heard learned counsel for the parties.

6 . Offence under Section 34(2) of MP Excise Act will be made out if accused has been convicted for an offence under Section (a) & (b) of Section 34(1) of MP Excise Act and in subsequent offence, liquor involved is more than 50 bulk liquors. There is no record that applicant has been convicted under Section 34(1) of MP Excise Act. In view of same offence under Section 34(2) of Excise Act will not be made out.

7. Considering the aforesaid facts and circumstances of the case, without commenting on merits of the case, bail application filed by the applicant is allowed on following conditions :

(i) applicant will cooperate with investigating officer and will appear for investigation before Investigating Officer, as and when directed ;

(ii) if applicant is found to be involved in any other offence in future then prosecution will be free to move an application for cancellation of anticipatory bail ;

(iii) applicant will make available all documents and other material required by Investigating Officer during investigation of the case.

8. It is directed that applicant be released on anticipatory bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two sureties 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.

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

9. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 25-07-2023 14:27:55