High CourtsSingle Bench

Deendayal And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 July 2021 · Citation: (2021) 07 MP CK 0026

HON’BLE JUDGES
Anjuli Palo, 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.32666 Of 2021
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Judgment

15 paragraphs · 272 words

Anjuli Palo, J

This is first application under Section 439 of the Cr.P.C. for grant of regular bail filed on behalf of the applicants who are in custody since 20.06.2021

in connection with Crime No. 353/2021 registered at Police Chowki Dharamtekdi, Police Station Kundipura, District Chhindwara (MP) for offence

punishable under Section 34(2) of the MP Excise Act.

It is alleged that 80 bulk litres of country-made liquor has been seized from the joint possession of the applicants.

Learned counsel for the applicants submits that applicants have been falsely implicated in the case. Due to Covid-19 pandemic, trial will take

considerable time, hence it is prayed that applicants be released on bail.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances, the quantity of liquor seized from the possession of the applicants and the fact that no document has been

produced to show the antecedent of the applicants, without commenting upon the merits of the case, this application is allowed.

It is directed that applicants - Deendayal and Dinendra (s/o Shobharam Waghchhare) be released on bail on furnishing personal bond in the sum of

Rs. 50,000/- (Rupees Fifty Thousand only) each with one solvent surety each, in the like amount to the satisfaction of the concerned trial Court, for

their appearance before the trial Court on the dates so fixed by that Court during trial. If the applicants are found involved in similar offence in future,

this order of bail shall stand ineffective. Applicants shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.