Dinesh S/O Rajan Bhilala vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime

No.239/2021 registered at Police Station Sendhwa Gramin, District Barwani (MP) for offence punishable under Section 49 (A) of the Madhya

Pradesh Excise Act, 1915.

The applicant is in custody since 08.04.2021.

The allegation against the applicant is that he was found in possession of 20 bulk liters of spurious liquor.

Counsel for the applicant has submitted that although there are two other cases registered against the applicant in the year 2015 and 2017 respectively

for commission of offence under Sections 294 and 354 of IPC and under Section 34 (1) (a) of the MP Excise Act, 1915, but no case under Section 34

(2) and / or 49-A of the MP Excise Act has been registered against the applicant. The applicant is in jail since 08.04.2021 and the charge sheet has

already been filed. It is further submitted that there is no forensic science laboratory report regarding the fact that the seized liquor was not safe and /

or unfit for human consumption.

Counsel has further submitted that the final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 Pandemic. Thus, it is

submitted that the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer on the ground of criminal antecedents of the applicant.

On due consideration of the rival submissions and perusal of the case diary and taking note of the fact that this is the first case registered against the

applicant under Section 49-A of the MP Excise Act and the other case (s) registered against the applicant were under the provisions of IPC and also

under Section 34 (1) (a) of the MP Excise Act and the final conclusion of the trial is likely to take sufficient long time on account of COVID-19, the

application stands allowed.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby 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 / her regular appearance before the trial Court during trial with a condition that he / she 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.