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(Accused In Jail)

BEFORE : THE HONB’LE HIGH COURT OF MADHYA

PRADESH JABALPUR: BENCH- AT INDORE

M.Cr.C. NO…………/2017

Petitioners : Dharamrajsingh s/o Kanhaiyalal Rana

Vs

Respondents : State of M.P. through P.S.Sendhwa (Rural)

District Barwani

INDEX

s.no. Description Annex. Page no

1 Petition under sec 439 Crpc
2 List of documents
3 Certified copy of impugned order P/1
4 Vakalatnama
5 Declaration

Place: INDORE
Date:
(Shantanu Mittal)
Counsel for the Petitioner

(Shantanu Mittal)
Advocate
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(Accused In Jail)

BEFORE: THE HONB’LE HIGH COURT OF MADHYA

PRADESH JABALPUR: BENCH- AT INDORE

M.Cr.C. NO…………/2017

Petitioners : Dharamrajsingh s/o Kanhaiyalal Rana

Aged-24 years, Occupation- Cleaner
R/o-Ghantaghar Gali No. 2, MehendiBag
PS Kotwali, Tonk District Tonk
Rajasthan

Vs

Respondents : State of M.P. through P.S.Sendhwa (Rural)

District Barwani

First Application under Section 439 of the

Code of Criminal Procedure, 1973

A. Declaration as to earlier applicatipons:--

Whether any bail application is Particulars of Bail applications

pending before, or already No. Date of Result
disposed off by (if yes, give order
particulars
Honble Supreme court NA NA NA
Honble High court(s) NA NA NA
Court(s) subordinate to Highcourt BA 10/10/2017 Dismissed
243/2017

B. Particulars of the offence:--

Particulars of Crime Particulars of Impugned Order

Crime No 472/2017 Bail Application no 243/2017

Police Sendhwa (Rural) Name of the Judge Shri Akhilesh
Station District Barwani Joshi
Offence u/s 34(2) MP Excise Act Designation of the Special Judge
& 420, 467, 468 IPC Court Barwani
Place Barwani
Date of 03/09/2017 Date of the Order 10/10/2017
Arrest

That the applicant named above respectfully begs to submit as

under:--

1. That, this is applicant’s first application for bail under sec 439
Cr.P.C. before the Honorable High Court of Madhya Pradesh.

(Shantanu Mittal)
Advocate
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Particulars of Earlier Application (s)

Serial Date of Institution Date of the Name of the

Number Application If Number Order Judge
known
Nil Nil Nil Nil Nil

2. No other application under section 439 Cr.p.c is pending, or has

been decided by the Honble Apex court, or any other Highcourt.

3. To the best of the knowledge of the applicant, no bail application

has been filed by any of the co-accused persons.

4. A certified copy of the order of the lower Court is annexed as

Annexure- A/1.

5. Facts of the case in brief:

A. It is alleged that on 03/09/2017 the applicant was found in

the truck no. HR 66-6983 at Bijasan Mandir Chouki, and it is
also alleged that 804 boxes of foreign liquor measuring 7131
ltrs were seized from the truck. It is also alleged that the
liquor was being carried without any transport permit. It is
further alleged that the he had presented the builty in the
name of Dinesh Trading Company which was found forged
after enquiry.

B. That , the petitioner was instantly arrested, and has been

sent to judicial custody. His bail application filed before the
learned Special Judge Barwani stands dismissed. The
petitioner therefore most humbly presents this application
under Section 439 CrPC for release on regular bail on
following grounds.

6. Grounds, numbered serially:

A. That the present applicant is innocent and has not

committed any offence.

B. That, the investigation of the case is complete, and the

charge sheet has also been filed before the learned Trial
Court, and the presence of the petitioner is no longer
required in investigation.

C. That, the petitioner is a cleaner by profession, and he was

handed over the charge of the truck along with the papers

(Shantanu Mittal)
Advocate
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by a person named Kamal at Indore bye pass, and he was

not knowing the contents of the truck and believed that it
contained the articles mentioned in the builty.

D. That, there is nothing on record to show that it was the

petitioner who had fabricated the papers. If at all the
petitioner wanted to fabricate the documents, he would have
fabricated the permit of the liquor being carried in the truck,
therefore prima facie no offence under Section 420, 467 or
468 IPC is made out against the petitioner.

E. That there is no previous criminal record of applicant.

7. That the applicant is permanent residents of District Bundi

Rajasthan, and shall not go anywhere.
8. That the applicant is ready to furnish adequate surety and shall
abide by all the directions and conditions which may be imposed by
this Honourble Court.

PRAYER :--

It is therefore, prayed that this Court may kindly be

pleased to order that the accused be enlarged on regular
bail.

Place: Indore
Date:
(Shantanu Mittal)
Counsel for Petitioner

(Shantanu Mittal)
Advocate
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BEFORE THE HONB’LE HIGH COURT OF MADHYA

PRADESH JABALPUR: BENCH- AT INDORE

M.Cr.C. NO…………/2017

Petitioners : Dharamrajsingh s/o Kanhaiyalal Rana

Vs

Respondents : State of M.P. through P.S.Sendhwa (Rural)

District Barwani

LIST OF DOCUMENTS
s.no. Description Original / Page no
copy
1 Certified copy of impugned
order.
2
3

Place: INDORE
Date:
(Shantanu Mittal)
Counsel for the Petitioner

(Shantanu Mittal)
Advocate
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BEFORE THE HONB’LE HIGH COURT OF MADHYA

PRADESH JABALPUR: BENCH- AT INDORE

M.Cr.C. NO…………/2017

Petitioners : Dharamrajsingh s/o Kanhaiyalal Rana

Vs

Respondents : State of M.P. through P.S.Sendhwa (Rural)

District Barwani

DECLARATION OF SERVICE OF ADVANCE COPY

(UNDER RULE 10)

I, Shantanu Mittal Advocate, do hereby declare:-

That an advance copy of the petition has been served

upon shri ................................. who is the standing counsel for
the respondent ..................................., at Place.................
time..............

OR

That I have served the advance copy of this petition to

the Respondent ...................................., by Registered letter
no............... dated.............

as no standing counsel has been nominated or

appointed to represent them before this Honorable court.

Submitted By

(Shantanu Mittal )

Advocate

(Shantanu Mittal)
Advocate