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Madhya Pradesh High Court · body

2008 DIGILAW 19 (MP)

Bhishma Singh v. State of M. P.

2008-01-05

A.K.SAXENA

body2008
ORDER 1. Heard. 2. The anticipatory bail application has been filed in connection with Crime No. 72/08 registered at Police Station Jawad, Distt. Sehore under. 3. Learned counsel for the applicants has contended that if no prima-facie case is made out against the applicants, then the anticipatory bail application is maintainable though, the case has been registered under the Excise Act. It has been further contended that few documents have been filed by the applicants to show that the property does not belong to the applicants. They were not in possession of the place from where the liquor was found. The liquor was not seized from the possession of the applicants. They have been falsely implicated because of election. 4. The learned counsel for the State opposed the application and contended that there is sufficient evidence to show that the property came into the possession of the applicants and they were in possession of the liquor and in these circumstances, no anticipatory bail would be maintainable. 5. I considered all the evidence available in the case diary. The seizure of liquor was not made in presence of the applicants. On the basis of statement of one witness, the Police came to this conclusion that the house was in possession of the applicants. 6. I considered all the aspects and I am of the opinion that anticipatory bail application is maintainable and the applicants can be granted anticipatory bail. The application is allowed and it is directed that in the event of arrest of the applicants Bhishma Singh alias Doctor and Bheem Singh, they shall be released on bail on their furnishing a personal bond in the sum of Rs. 20,000/- (Rs. Twenty Thousand) each with a surety in the like amount to the satisfaction of trial Court. The applicants shall further abide by the conditions enumerated in sub-section (2) of section 438 of CrPC. 7. This order shall remain in force for a period of 60 days. In the meanwhile, if the applicants so desire, may move an application for regular bail before the competent Court, which shall be considered by that Court in accordance with law.