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Judgment
Subodh Abhyankar, J
This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime
No.480/2020 registered at Police Station Sanwer, District Indore (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise
Act, 1915. His earlier bail application M.Cr.C. No.8889/2021 was dismissed by this Court vide order dated 10.03.2021 on merits.
The applicant is in custody since 15.11.2020.
The allegations against the applicant are that he was found in possession of 432 bulk liters of unauthorized liquor which was being transported by him
in a tractor-trolley.
Counsel for the applicant has submitted that the applicant is in jail since 15.11.2020 and till date, not even a single witness has been examined. Counsel
has further submitted that even in near future also, the trial may not conclude on account of the closure of the Court, looking to COVID-19 situation.
Counsel has submitted that so far as criminal antecedents of the applicant are concerned, three more cases were registered against him from 2014 to
2015 and in Crime No.570/2014 under Sections 341, 336, 427/34 of IPC, he has already been acquitted and another case at Crime No.132/2014 under
Section 379 of IPC also, he has been acquitted and the third case at Crime No.66/2015 is for an offence under Section 25 of Arms Act he is
defending. It is submitted that there is no case registered against the applicant under Section 34 (2) of the MP Excise Act and the final conclusion of
the trial is likely to take sufficiently long time.
Learned counsel for the respondent / State on the other hand, has opposed the prayer and it is submitted that looking to the quantity seized from the
applicant, no case for grant of bail is made out.
In rebuttal, Shri Yogesh Kumar Gupta, learned counsel for the applicant has submitted that the liquor belonged to one Mahesh @ Andi and the tractor-
trolley belongs to one Rustam and both of them have already been arrested and the applicant's role was confined to being a driver of it.
On due consideration of the rival submissions and considering the fact that since last five months not even a single witness has been examined and the
fact that due to fresh spread of COVID-19, the final conclusion of the trial is likely to take sufficiently long time, this Court finds force with the
contention raised by the counsel for the applicant.
Accordingly, the present application for grant of bail is hereby allowed. The applicant is directed to be released on bail on his furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his
appearance as and when directed. The applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
It is made clear that, after being released on bail, if the applicant again indulges himself 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 applicant in the present case also.
Certified copy, as per rules.