Madhya Pradesh High Court
MCRC/52168/2018 of OMPRAKASH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
MP BEHCN AT INDORE MCRC No.52168/2018 Omprakash vs. The State of M.P.
HIGH COURT OF MP BEHCN AT INDORE
MCRC No.52168/2018
Omprakash vs. The State of M.P.
Indore: Dated:-31.12.2018
Shri N. Dave, learned counsel for the petitioner.
Shri Suraj Sharma, learned Public Prosecutor for therespondent/State.
Heard with the aid of case diary.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
This is first application under section 438 Cr.P.C seekinganticipatory bail in Crime No.392/2018 under Section 34(2) of M.P.
Excise Act, registered at Police Station-Mandleshwar- Khargone.
2. As per the prosecution case, on 13.10.2018, when the policeintercepted two motorcycles and successfully caught one of them, 63bulk liters of country made liquor was recovered from the bikersJitendra and Mahadev. Riders of another motorcycle managed toescape from the spot and they were implicated only on the basis ofmemo statements of co-accused persons Jitendra and Mahadev.
3. It is submitted by the learned counsel for the petitioner that hehas falsely been implicated on the memo statement of co-accusedJitendra and Mahadev recorded under Section 27 of the Evidence Act,therefore, he may be granted anticipatory bail.
4. Learned Public Prosecutor has opposed the bail prayer.
5. In such situation, having regard to the aforesaid, evidenceavailable on record and other facts and circumstances of the case, theapplication is allowed and it is directed that in the event of arrest ofthe petitioner or his surrender before the Investigating Officer orbefore the concerned Judicial Magistrate within 30 days from today inconnection with the aforesaid crime number, he shall be released onbail upon his furnishing personal bond in the sum of Rs.50,000/- withone surety in the like amount to the satisfaction of the arrestingofficer. This order shall be governed by the conditions No.1 to 3 ofsub section (2) of section 438 Cr.P.C.
(Virender Singh)
Judge
Amit