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Section 41 refers to a situation when police may arrest without warrant and provides that any police officer may, without an order from a Magistrate and without a warrant, arrest any person who commits, in the presence of a police officer, a cognizable offence: HIGH COURT OF MADHYA PRADESH AT INDORE

The application being devoid of merits, is hereby dismissed by HIGH COURT OF MADHYA PRADESH AT INDORE in the case of RAHUL KEWAT V. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION SADALPUR (MADHYA PRADESH) through HON’BLE JUSTICE SUBODH ABHYANKAR.

FACTS OF THE CASE
This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.492/2021 registered at Police Station Sadalpur, District – Dhar (MP) for offence punishable under Sections 34(2) of M.P. Excise Act. The applicant is in custody since 25.05.2022. The allegation against the applicant is that on a secret information received by the police on 26.01.2021, an Alto Car was stopped on Kesur Khareli Road, Dhar. After seeing the police, the persons sitting in the car fled from the spot but they were identified in the torch light and in the car’s head light as the present applicant Rahul Kewat and Chintu alias Gajendra Chouhan, and upon checking the vehicle, it was found to be contained 90 bulk litres of unauthorized liquor. Applicant has submitted that the charge-sheet in the present case has already been filed and the applicant is lodged in jail since 25.05.2022. It is further submitted that so far as the other criminal cases registered against the applicant are concerned, in one case registered under Sections 279 of IPC for rash driving, in criminal case No.208 of 2018 he has been acquitted vide judgment dated 02.08.2018. The other case registered under Sections 294, 323, 506 Part -II and 190 of IPC has also resulted in acquittal in RCT No.2535 of 2021 dated 28.12.2021. It is submitted that the final conclusion of trial is likely to take sufficient long time, hence, the applicant be released on bail.

JUDGEMENT
In the present case, admittedly, the applicant is a history sheeter and already has a case under Section 34(2) of M.P. Excise Act to his credit. In such circumstances, even when the provisions of Section 59- A (ii) of M.P. Excise Act lay down that a person, who is involved in a cases relating to an offence exceeding fifty bulk liters shall not be released on bail unless the Public Prosecutor has been given an opportunity to oppose the application for such release and in case such an application is opposed by the Public Prosecutor, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail, this court is unable to arrive at the satisfaction that the applicant is not guilty of such offence and that he is not likely to commit any offence while on bail, as already observed above, in the present case the applicant not only fled from the spot, but even the vehicle registered in his own name has been seized from the spot having 90 bulk litres illicit liquor.

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JUDGEMENT REVIEWED BY SHREYA NIDHI

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