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Judgment
19 paragraphs · 376 wordsSubodh Abhyankar, J
This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.42/2021 registered at
Police Station Berchha, District â€" Shajapur (MP) for offence punishable under Sections 34(2) of M.P. Excise Act.
The applicant is in custody since 31.03.2021.
The allegation against the applicant is that he was found in possession of 60 bulk litres of unauthorized liquor.
Counsel for the applicant has submitted that the applicant is in custody since 31.03.2021. Investigation is complete and charge-sheet has been filed.
There are no criminal antecedents against the applicant. Final conclusion of trial is likely to take sufficient long time, therefore, he be enlarged on bail.
It is further submitted by the Counsel for the applicant that one another case under Section 25 of Arms Act has been registered against the applicant.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
Having considered rival submissions and on perusal of the case- diary, taking note of the fact that the applicant is in jail since 31.03.2021 and the final
conclusion of trial is likely to take sufficient long time due to Covid-19, this Court finds it expedient to allow the application.
Accordingly, 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 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.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
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.