RAMESH BANJARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20/6/2022 by Police Station Girwai, District Gwalior in connection with Crime No. 77/2021 registered for offence punishable under Ss. 34(1), 49-A of Excise Act.

(2.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 20/6/2021 and charge-sheet has already been filed. During investigation, applicant was not arrested by the police and notice under Sec. 41(1) of Cr.P.C. was issued to him and he participated in investigation. Later on, with the filing of charge-sheet when he appeared before the trial Court then trial Court sent him to jail. Said step is contrary to the judgment rendered by Apex Court in the case of Amanjit Singh Vs. CBI through Director (Criminal Appeal No. 929/2021 decided on 2/9/2021), Sidharth Vs. State of U.P. And Ors. (Criminal Appeal No. 838/2021 decided on 16/8/2021) and order dtd. 13/9/2021 passed by coordinate Bench (Indore Bench) in M.Cr.C.No. 42154/2021 ( Neeraj Singh and Ors. Vs. State of Madhya Pradesh). It is further submitted that looking to the period of custody and the fact that charge-sheet has already been filed, no custodial interrogation is required. Applicant does not bear any criminal record. His confinement amounts to pretrial detention. He undertakes to cooperate in trial and that he will not involve in any criminal activity in future.

(3.) Learned counsel for the State opposed the prayer and prayed for dismissal of the application.