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Judgment
9 paragraphs · 377 wordsGurpal Singh Ahluwalia, J
This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed by order dated 30.08.2022 passed in M.Cr.C. No.40589/2022.
The applicant has been arrested on 03.04.2022 in connection with Crime No.77/2022 registered by Police Station Gormi, District Bhind for offence punishable under Section 34(2), 49A, 42 of Excise Act.
It is submitted by the counsel for the applicant that the previous bail applications of applicant have already been dismissed on merits but the third application of applicant was dismissed by order dated 30.08.2022 passed in M.Cr.C. No.40589/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that the minimum sentence for offence under Section 49-A of M.P. Excise Act is six months and the applicant is in jail from 03.04.2022 and he has already undergone minimum jail sentence of six months as provided under Section 49-A of M.P. Excise Act. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that 200 liters of OP, 48 bottles of plain country made liquor and other raw material worth Rs.3,00,000/- were seized from the house of the applicant. However, he fairly conceded that as per the police case diary, the applicant has no criminal history.
Considering the period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
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