Satish vs State Of Madhya Pradesh

Heard.

This first bail application under Section 438 of the Code of Criminal Procedure has been filed by the applicant apprehending his arrest in Crime

No.65/2020 registered at Police Station-Gourjhamar, District-Sagar (M.P.), for the offence punishable under Section 34(2) of the M.P. Excise Act,

1915.

Learned counsel for the applicant submits that the allegation against the applicant is that he was found carrying 50 bulk liters of country made liquor.

Relying upon a judgment of Division Bench of this Court passed in the case of Naresh Kumar Lahria Vs. State of M.P. reported in 2004(4) MPHT

205 wherein it is observed that applicability of bar would depend upon the facts of each case, he prays for grant of anticipatory bail to the applicant.

However, the Court below has rejected the application filed by the applicant, taking note of the fact that there is specific bar under Section 59-A of

the M.P. Excise Act for grant of anticipatory bail in relation to an offence registered under Section 34(2) of the Excise Act.

Considering the facts and circumstances of the case and also the order of the Court below, I do not find any illegality in the order passed by the Court

below considering the said provision i.e. Section 59-A of the M.P. Excise Act that there is specific bar for grant of anticipatory bail for an offence

registered under Section 34(2) of the M.P. Excise Act.

So far as the judgment relied upon by learned counsel for the applicant is concerned, in the present facts and circumstances of the case, the said case

is not applicable, becasue it is not a case in which ingredients of Section 34 are not available.

Accordingly, the bail application filed on behalf of applicant-Satish, is rejected. The applicant is directed to surrender before the Court below and file a

regular bail application under Section 439 of the Code of Criminal Procedure.

A copy of this order be forwarded to the concerned trial Court through e-mail.