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Judgment
20 paragraphs · 395 wordsSubodh Abhyankar, J
This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime
No.326/2021 registered at Police Station-Chainpur, District-Khargone (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh
Excise Act, 1915.
The applicant is in jail since 02.07.2021.
The allegation against the applicant is that he was found in possession of 60 bulk liters of unauthorized liquor.
Counsel for the applicant has submitted that the applicant is in jail since 02.7.2021 and there are no other case registered against the applicant. It is
further submitted that the offence registered against the applicant is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to
take sufficient long time. Thus, on the grounds of parity, it is submitted that the applicant be released on bail.
Counsel for the State, on the other hand, has opposed the prayer however, it is not denied that there are no other case registered against the applicant.
Having considered the rival submissions, taking note of the fact that the applicant is in jail since 02.07.2021, no other case has been registered against
the applicant and the final conclusion of the trial is likely to take sufficiently long time, the application deserves to be 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.