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2024 Supreme(Online)(MP) 51416
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 1st OF MARCH, 2024 MISC. CRIMINAL CASE No. 3002 of 2024 BETWEEN:- DIPAK @ DEEPU S/O BHARAT SINGH, AGED ABOUT 35 YEA R S , OCCUPATION: LABOUR R/O VILLAGE BHANPURA KANJAR POLICE STATION CHACHODA DISTRICT GUNA (MADHYA PRADESH) .....APPLICANT (BY SHRI RISHIKESH BOHARE - ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CHANCHODA DISTRICT GUNA (MADHYA PRADESH) .....RESPONDENT (BY SHRI R.K. AWASTHI - PUBLIC PROSECUTOR) This application coming on for hearing this day, the court passed the following:
Rishikesh Bohare,Advocate General
An accused person is not entitled to bail if there is a reasonable ground to believe that he is guilty of the offense and that he is likely to commit an offense while on bail.
Headnote:
Fact of the Case:
Applicant was arrested for possession of 300 bulk liters of country-made raw liquor containing harmful ingredients like copper sulphate, furfural, and urea. The prosecution alleged that the liquor was unfit for human consumption and that the applicant fled from the spot after the arrival of the police party.
Finding of the Court:
The court found that there was no reasonable ground to believe that the applicant was not guilty of the offense and that he was likely to commit an offense while on bail.
Issues: Whether the applicant should be granted bail under Section 439 of the CrPC.
Ratio Decidendi: The court considered the quantity of liquor seized, the FSL report, and the applicant's criminal history in reaching its decision.
Final Decision: The court dismissed the bail application.
ORDER
This third application under Section 439 of CrPC has been filed by applicant for grant of bail in connection with Crime No.07 of 2022 registered at Police Station Chachoda, District Guna for offence punishable under Sections 34(2) and 49-A of M.P. Excise Act. Applicant is in judicial custody since 21- 08-2023. Earlier applications were dismissed as withdrawn by this Court vide orders dated 08.12.2023 and 08.01.2024 passed in MCRC Nos. 48090/2023 and 369/2024 respectively.
A s per the case of prosecution, Sub-Inspector Ruhil Sharma of PS- Chachoda organized raid at Bhanpura, Kanjar Dera on 03.01.2022. The Police party raided house of Dipu S/o Bharat Kanjar. Dipu fled away. Two drums containing 300 bulk liters of country-made raw liquor was recovered and seized.
Suspecting the liquor to be unfit for human consumption, offence punishable under Sections 34(2) and 49-A of MP Excise Act was registered at Crime No.007/2022, PS- Chachoda, Guna against Dipu Kanjar. Sample of liquor was forwarded for chemical examination. The Scientific Officer of Regional Forensic Science Laboratory reported that the sample of liquor contains 38.90% of Ethyl Alcohol. Further, it also contains harmful ingredients like copper sulphate, furfural and urea. Statement of witnesses were recorded. Applicant was arrested on 21.08.2023. He is in custody ever since. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant was not present at the time of the seizure of the liquor. The prosecution witness namely, Kushal Pal (PW-1) and Nitesh (PW-2) have admitted in cross-examination that they have not taken any record from Sarpanch with regard to ownership of applicant on alleged place of seizure, therefore, no offence is made out against the applicant. Learned counsel further contends that the criminal cases cited as criminal history of applicant relate to year 2022 which are made during one raid only. Applicant has already undergone custody more than six months, therefore, in view of provision of Section 437(6) of CrPC, applicant deserve to be released on bail. Learned trial Court has refused to release him on bail. There is no likelihood of his absconsion or tampering with remaining evidence. Therefore, applicant may be extended benefit of bail.
Per contra, learned Counsel for the State opposes the bail application and submits that applicant has fled from the spot after arrival of the police (SANJEEV S KALGAONKAR) JUDGE party. The house where from the illicit liquor was seized was in possession of the applicant. Material witnesses are yet to be examined. Learned counsel cites criminal history of eight cases against the applicant. Learned counsel contends that seven cases registered at Crime Nos.273/2021, 101/2022, 184/2022, 268/2022, 88/2023, 414/2022, 07/2022 relate to offence punishable under Section 49-A of MP Excise Act and Crime No.368/2022 relate to offence punishable under Sections 307, 332 and 353 of IPC. In view of criminal history, there is likelihood of absconsion of the applicant and repeat of offence. Learned counsel for the State further contends that as per FSL Report, harmful ingredients like copper sulphate, furfural and urea along with 38.90% of Ethyl Alcohol was found in illicit liquor which makes it poisonous substance.
Considering the quantity and FSL Report, applicant does not deserve to be released on bail.
Heard rival contentions of the parties and perused the case diary.
Considered the material on case diary in view of the provision contained in Section 59-A(ii) of MP Excise Act. There is no reasonable ground of believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
Considering the rival contentions, overall facts of case and material available on Case Diary, this Court is of the considered opinion that applicant does not deserve to be released on bail.
Application sans merit, is hereby dismissed. Vijay S
