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Durgesh @ Duggu vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 March 2023 · Citation: (2023) 03 MP CK 0061

HON’BLE JUDGES
Vishal Dhagat, 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. 11818 Of 2023
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Judgment

11 paragraphs · 334 words
1.

This is second bail application filed under Section 439 CrPC on behalf of applicant who is in custody since 4.8.2022 in connection with Crime No.497/2022, registered at Police Station Amarwara, District Chhindwara (M.P.), for the offences punishable under Sections 34(2) of M.P. Excise Act.

2 . Learned counsel for the applicant submitted that earlier application filed by applicant was dismissed on 9.9.2022 with liberty to applicant to file repeat application after a period of six months, if trial is not complete. Applicant is in jail since 4.8.2022. There is delay on part of prosecution to conclude the trial. In these circumstances applicant may be released on bail.

3.

Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail and submitted that applicant is habitual offender and 12 cases are registered against him. If applicant is released on bail then he may indulge in similar offence. In these circumstances, this application be dismissed.

4.

Heard the learned counsel for the parties.

5 . Considering the fact that applicant is in jail since 4.8.2022 and the delay in conclusion of trial, bail application filed by the applicant is allowed.

6.

It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial court for his appearance before the trial court on the dates to be fixed by the trial court.

7.

In addition to aforesaid, applicant shall abide by the following conditions:-

(i) He shall appear and mark his presence before Police Station Amarwara, District Chhindwara twice every month.

(ii) If applicant is found involved in any other offence in future, then prosecution is at liberty to file application for cancellation of bail before the trial court and trial court shall consider the application on its merits.

8.

The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.