Madhya Pradesh High Court
MCRC/52983/2020 of KAPIL JAISWAL Vs STATE OF M.P. on 31 December 2020
COURT OF MADHYA PRADESH, INDORE BENCH MCRC No.52983/2020 Kapil Jaiswal vs. State of
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THE HIGH COURT OF MADHYA PRADESH, INDOREBENCH
MCRC No.52983/2020Kapil Jaiswal vs. State of M.P.
Indore, dated :31.12.2020
Heard through Video Conferencing.
Shri Pramod C. Nair, learned counsel for the applicant.
Shri R.K. Shastri, learned Panel Lawyer for the non-applicant –
State.
This is second bail application under Section 439 of Cr.P.C. forgrant of bail. The applicant, who is implicated in Crime No.341/2020registered at Police Station Satwas District Dewas for the offencepunishable under Section 34(2) of the M.P. Excise Act. The applicantis in custody since 27.08.2020.
First bail application was dismissed as withdrawn vide orderdated 01.10.2020 passed in MCRC No.36965/2020. The aforesaidapplication was dismissed because of three criminal cases have beenfound registered against the applicant and out of which one is underthe Excise Act.
As per prosecution story, 78 bulk liters of beer has beenrecovered from possession of the application for which he was nothaving any valid license.
Learned counsel for the applicant submits that the applicant hasfalsely been implicated in the present case. Counsel for the applicantfurther submits that in the present crime he has implicated due topolitical rivalry and he has been made accused as the beer was foundon the place behind his Dhaba. It is further submitted that as per theprovisions of section 437(6) of the Cr.P.C., the trial has not beenconcluded within the prescribed period from the date of filing of thecharge sheet. The applicant is in custody since 27.08.2020.Theconclusion of trial is likely to take time, hence prayed for release ofthe applicant on bail.
The applicant has also given details of 9 criminal cases and out of which in seven cases either he has been acquitted or in two cases,only fine has imposed on the applicant.
Learned counsel for the State was also heard who has opposedthe bail application.
Perused the case diary.
In view of the submissions made by learned counsel for theparties and mainly the submissions made by learned counsel for theapplicant, without commenting on the merits of the case, theapplication filed by the applicants is allowed. The applicant isdirected to be released on bail on his furnishing a personal bond in thesum of Rs.40,000/- (Rupees Forty Thousand only) with one solventsurety of the like amount to the satisfaction of the trial court for hisregular appearance before the trial court during trial with a conditionthat he shall remain present before the court concerned during trialand shall also abide by the conditions enumerated under section437(3) Cr.P.C.
Before releasing the applicant from the custody, the jailauthorities are directed to medically examine him in order to rule outthe possibility of COVID-19 infections and shall comply with thedirections given by the Hon'ble apex Court in Writ PetitionNo.01/2020.
However, it is made clear that in future if the applicant is foundinvolved in any other case, this bail order shall stand canceledautomatically without further reference to this Court.
With the aforesaid, the application stands disposed of.
CC as per rules.
(Vivek Rusia) Judge
amit
Digitally signed by Amit Kumar Date: 2021.01.02 14:26:30 +05'30'