Deepak Sharma And Others vs State Of M.P

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicants are facing trial in connection with Crime No.277/2021, registered at Police Station-Industrial Area, District-Ratlam (MP) for offence

punishable under Section 34(2) of M.P. Excise Act. The applicants are in custody since 15/07/2021.

The allegation against the applicants is that they are involved in the case wherein 108.12 bulk liters of unauthorised liquor has been seized from the

possession of main accused Banesingh, who in his memorandum under

Section 27 of Indian Evidence Act has deposed the name of the applicants as the persons who were piloting the vehicle in which the liquor was being

transported.

Learned counsel for the applicants has submitted that the applicants were initially arrested, however, on account of Covid-19 pandemic situation, they

were immediately released on bail as per the order passed by the Principal seat of this Court at Jabalpur. It is further submitted that the main accused

Banesingh has already been enlarged on bail and the applicants have also surrendered themselves before the trial Court on 15/07/2021 and had not

misused the liberty extended to them. Final conclusion of trial is likely to take sufficient long time thus it is prayed that the application be allowed and

the applicants be released on bail.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer, however, it is not denied that there are no criminal

antecedent against the applicants.

Having considered the rival submissions, on perusal of the case diary, taking note of the fact that the applicants have been arrested only on the basis

of memorandum under Section 27 of Evidence Act and the final conclusion of the trial is likely to take sufficiently long time, this Court finds it

expedient to allow the present bail application.

Accordingly, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be

released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the

like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they 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 after being released on bail, if the applicants again indulge themselves in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicants 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.

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