High CourtsSingle Bench

Dev Singh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 11 August 2021 · Citation: (2021) 08 MP CK 0073

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.39100 Of 2021
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Judgment

15 paragraphs · 271 words

Anjuli Palo, J

This is first application under Section 439 of the Cr.P.C. for grant o f regular bail filed on behalf the applicant who is in custody since 09/07/2021 in

connection with Crime No. 556/2021 registered at Police Station Khaknar District Burhanpur, for offence punishable under Section 34(2) of the M.P.

Excise Act.

As per the prosecution case, it is alleged that 56.34 bulk litres of country-made liquor has been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has no criminal antecedent. Due to Covid-19

pandemic situation, trial will take considerable time, therefore, it is prayed that he be released on bail.

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

Considering the facts and circumstances of the case, quantity of liquor seized from the possession of the applicant and that this is his first offence

under the Excise Act, without commenting upon the merits of the case, this application is allowed.

It is directed that applicant- Dev Singh be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with

one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates so fixed by

that Court during trial. If the applicant is found involved in similar offence in future, this order of bail shall stand ineffective. The applicant shall comply

with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.