Harish Shivhare vs State of Madhya Pradesh

Appearing counsel for the parties heard on alleged first regular bail application filed before this Court on behalf of the applicant under Section 439 of

the Cr.P.C. in relation to Crime No.213/2018, registered at police station Jhansi Road, District Gwalior in reference to offences punishable under

Section 34(2) and Section 49-A of the M.P. Excise Act, and the produced case diary and other papers filed on behalf of the applicant are perused.

Applicant Harish Shivhare alias Sonu was arrested on 27.05.2018 and his regular bail application has been dismissed by in-charge Sessions Judge

(Special Judge SC/ST), Gwalior vide order dated 30.05.2018, whose certified copy is annexed with the application under consideration.

It is contended by the appearing counsel for the applicant that applicant has been falsely implicated in the above-mentioned crime on the basis of

disclosure statement of co-accused persons. The applicant is a practitioner advocate and is a permanent resident of Gwalior and he belongs to a

reputed family. It is alleged by the prosecution that on 27.05.2018 on secret information received by informer, a loading vehicle bearing registration

No.MP06GA2109 was seized by the police, wherein four filled drums having in total 800 liters O.P.liqour were seized. The applicant has no criminal

history. The alleged offences are not punishable with life imprisonment. Completion of investigation and thereafter trial will take sufficient time.

Therefore, it is prayed that benefit of regular bail be given to the applicant.

Per contra, the above-mentioned prayer has been strongly opposed by Public Prosecutor on the basis of report sent by SHO, Police Station Jhansi

Road, Gwalior on the grounds that in total 800 O.P.liquor having approximate value of Rs.1,60,000/- has been seized from the possession of the

applicant and co-accused persons and applicant was seated with driver in loading vehicle. Applicant and co-accused persons are involved in the

business of supply of illicit liquor, which is unfit for human consumption and life. Two co-accused persons namely Mahesh Shivhare and Lokesh Sahu

are still absconding.

It is well settled that stage of consideration of bail application is not a stage of appreciation or evaluation of evidence. Investigation is pending. It is

mentioned in the FIR that Sub-Inspector Pankaj Tiwari of concerned police station received a secret information by informer on his mobile phone at 5

PM on 27.05.2018 that in the loading vehicle, four blue colour drums filled with O.P. liquor (spirit) is being illegally carried out from Dabra to Gwalior

and three persons were seated in loading vehicle including its driver and it is also mentioned in the FIR that the loading vehicle was being driven by

Anand Shrivastava and on loading vehicle Rajesh Bhadouriya and present applicant Harish Shivhare alias Sonu were also seated with the above-

mentioned driver Anand Shrivastava and from liquid contained in four drums pungent smell was coming out and liquor was not fit for human

consumption and on scene of occurrence, an I-20 car was running ahead, the loading vehicle and another Indica car was running behind the loading

vehicle and applicant was found seated in the loading vehicle.

Considering the rival contentions raised by the counsel for the parties, without commenting on the merits of the case, at this stage, when investigation

is pending in view of total facts and circumstances including the quantity of seized intoxicant and provision of the Section 59-A of the M.P. Excise

Act, applicant's case does not appear fit for granting him benefit of regular bail.

Consequently, this regular bail application filed on behalf of the applicant under Section 439 of Cr.P.C. is dismissed. Case diary be returned.