High CourtsSingle Bench

Balram vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 6 May 2024 · Citation: (2024) 05 MP CK 0034

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2), 36
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 18340 Of 2024
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Judgment

10 paragraphs · 318 words

Vijay Kumar Shukla, J

1.

This is first application filed under Section 439 of Cr.P.C. for grant of regular bail relating to FIR/Crime No.211/2024 dated (not mentioned) registered at Petlawad District Jhabua (M.P.) for commission of offence punishable under Sections 34(2),36 of Excise Act.

2.

It is alleged that acting upon a secret information about transporting of illegal liquor, a raid was conducted and a vehicle was stopped and total 12 boxes of whiskey 108 Bulk liquor in quantity from the backside of the car was seized. The applicant is in jail since 24.03.2024.

3.

Learned counsel for the respondent/state opposed the prayer and submits that apart from the present case, there is one criminal case registered against the applicant of IPC.

5.

After hearing learned counsel for parties and taking into consideration that the applicant is in jail since 24.03.2024, prima facie case is made out for grant of bail, however on certain conditions. Therefore, without expressing any view on the merits of the case, the application is allowed.

6.

It is directed that Applicant- Balram shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below on the following conditions :

( i ) That applicant shall not indulgence in any offence during the bail and if he indulges in any offence during the bail, the prosecution may file an application for cancellation of bail.

(iii) The applicant shall mark his presence before the concerned police station on every 15th day of the month during the pendency of trial.

7 . A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.