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Azad Raine vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 27 December 2023 · Citation: (2023) 12 MP CK 0107

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 57454 Of 2023
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Judgment

11 paragraphs · 341 words

Subodh Abhyankar, J

They are heard.

Case diary is not available.

1.

Learned counsel for the applicant has argued on the basis of the charge sheet which has already been filed before the concerning Court.

2.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.563/2023 registered at Police Station Kampoo, District Gwalior (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 15.10.2023.

3.

The allegation against the applicant is that he was found in possession of 52.20 bulk liters of illicit country liquor without any valid license.

4.

Counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated. He is lodged in jail since 15.10.2023. Charge sheet has already been filed. Final conclusion of the trial is likely to take sufficient long time. Therefore, it is prayed that the application be allowed and the applicant be released on bail.

5.

Counsel for the respondent/State, on the other hand has opposed the prayer and has submitted that no case for bail is made out.

6.

Having considered the rival submissions, perusal of the case diary, further considering the fact that the applicant is lodged in jail since 15.10.2023 and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

7.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five 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 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.

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