CHIRONJI LAL JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This second application under Sec. 439 of CrPC has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dtd. 31/1/2022 passed in M.Cr.C. No.4969/2022.

(2.) The applicant has been arrested on 24/12/2021 in connection with Crime No.105/2021 registered at Police Station Bargawan Distt. Sheopur for offence under Sec. (s) 34(2) and 49(A) of M.P. Excise Act.

(3.) According to the prosecution case, 57 bulk liters of country made liquor has been seized from the possession of the applicant. First bail application was rejected with liberty to revive after undergoing some reasonable period of detention as the applicant has criminal antecedents. According to Shri C.P. Singh, 4 more criminal cases were registered against the applicant. Out of which, one was registered in the year 2009 for offence under Sec. s 341, 294 of IPC which came to an end on the basis of compromise. Another offence was registered in the year 2015 for offence under Sec. s 323, 294, 506-B, 34 of IPC and which also concluded on the basis of compromise. Third offence was registered under Sec. 34(2) of M.P. Excise Act and a fine of Rs.1,000.00 was imposed. Fourth offence under Sec. 34(2) of M.P. Excise Act was registered, which is still pending and the present is the fifth criminal case.