Ajay S/O Ram Malse vs State Of Madhya Pradesh

S.K. Awasthi, J

This repeat (fourth) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with

Crime No.1486/2019 registered at Police Station Bhikangaon, District Khargone (MP) for offence punishable under Sections 34 (1) (A) and 34 (2) of

the Madhya Pradesh Excise Act, 1915.

The applicant is in custody since 14.12.2019.

As per prosecution story, on 14.12.2019 the police party seized 60 bulk liter country made liquor from the possession of present applicant / accused.

Hence, case has been registered against him.

Learned counsel for the applicant has submitted that the applicant is a youth aged about 24 years and he is in custody since 14.12.2019. 60 bulk liters

of illicit country made liquor alleged to have been recovered from the possession of the applicant. Due to his criminal antecedents, his earlier bail

application was rejected by this Court. The applicant preferred an application under Section 437 (6) of the Code of Criminal Procedure, 1973 before

the trial Court for grant of bail which was also rejected and the same was challenged before the Sessions Court, Khargone. However, the order of the

trial Court was affirmed by the Revisional Court. Therefore, the applicant moved an application under Section 482 of the Code of Criminal Procedure,

1973 before this Court, which was dismissed as withdrawn vide order dated 08.10.2020 passed in Miscellaneous Criminal Case No.33490/2020

granting liberty to the applicant to renew his prayer after completion of one year custody period, which is the minimum sentence prescribed under

Section 34 (2) of the Madhya Pradesh Excise Act, 1915. Learned counsel for the applicant submits that the aforesaid period is over. Conclusion of the

trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on

bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in

the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular

appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.