Madhya Pradesh High Court
Ravindra vs The State Of Madhya Pradesh on 26 December, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2024:MPHC-IND:36969
1 MCRC-53922-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 26 th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 53922 of 2024
RAVINDRA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mahendra Singh Sisodiya advocate for the applicants.
Shri Rajesh Joshi public prosecutor for the State.
ORDER
This first application has been filed by the applicants under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with
Crime No.881/2024 registered at Police Station – Industrial Area Ratlam, District
Ratlam(M.P.) for offence punishable under Sections 34(2) of M.P. Excise Act.
Applicants are in judicial custody since 22.11.2024.
As per the case of prosecution, on 20.11.2024, on the basis of secret
information received by Sub-Inspector Vijay Vasuniya PS-Industrial Area,
District Ratlam, the police reached the spot and country-made plain liquor, total
quantity 90 bulk liters was recovered from the possession of Ravindra Singh and
Dilipsingh (applicants). They were found transporting the liquor in a car
belonging to accused Bhuriya @ Sunil without any valid licence/ permit,
therefore, the alleged vehicle and the illicit liquor was seized from the possession
of applicants Ravindra Singh and Dilipsingh in due compliance with the
procedure. They were arrested on the spot on 20.11.2024. On the basis of the
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 27-12-2024
12:52:00
NEUTRAL CITATION NO. 2024:MPHC-IND:36969
2 MCRC-53922-2024
memorandum of applicants, Bhuriya @ Sunil was implicated in the alleged
offence and he was arrested on 22.11.2024. Police Station – Industrial Area,
District Ratlam(M.P.) registered FIR at Crime No.881/2024 for offence
punishable under Section 34(2) of M.P. Excise Act. Statements of the witnesses
were recorded and relevant seizures were made. Investigation is underway.
Learned Counsel for the applicants, in addition to the grounds mentioned in
the application, submits that applicants have been falsely implicated in this
matter. Applicants are aged around 26 years. They are agriculturist and sole bread
earner of their respective families. There is no likelihood of their absconsion
leaving their family, home and profession. There is no likelihood of tampering
with evidence by applicants. The alleged offence is triable by Judicial Magistrate
First Class. The trial would take time to complete. Therefore, applicants may be
extended the benefit of bail.
Per contra , learned Counsel for the State opposes the bail application on the
ground of gravity of the alleged offence and cites criminal history of one case
under Section 34 of the M.P. Excise Act and another for offence punishable under
the IPC against the applicant Ravindra.
In reply, learned counsel for the applicant submits that earlier case under
the MP Excise Act was disposed of and the applicant was sentenced to
imprisonment of TRC and fine. He has never been convicted in any other offence.
Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall
circumstances of the case, but without commenting on merits of the case, this
Court is inclined to release the applicants on bail. Thus, the application is
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 27-12-2024
12:52:00
NEUTRAL CITATION NO. 2024:MPHC-IND:36969
3 MCRC-53922-2024
allowed,
Accordingly, it is directed that applicants-Ravindra and Dilip shall
b e released on bail in connection with the Crime as stated in para – 1 of this
order, upon furnishing personal bond and surety bond of amount, as may be
considered appropriate by the Trial Court/the Committal Court for compliance
with conditions, as may be imposed by such Court, to secure presence of the
applicants for the trial under Section 437(3) of Cr.P.C., 1973/Section 480(3) of
BNSS, 2023.
This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the concerned Court may consider, on merit,
cancellation of bail without any impediment of this order.
The concerned Court shall get the conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
V. JUDGE
BDJ
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 27-12-2024
12:52:00