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Indersingh S/O Kesharsingh vs State Of M.P

Madhya Pradesh High Court · Decided on 11 November 2020 · Citation: (2020) 11 MP CK 0070

HON’BLE JUDGES
Vivek Rusia, 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. 45215 Of 2020
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Judgment

9 paragraphs · 333 words

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.190/2020 registered at police station Bercha, district Shajapur for the offence punishable under section 34(2) of the M.P Excise Act.

As per prosecution story on 16.10.2020, applicant was apprehended and 60 bulk liters of country made illicit liquor was recovered from his possession.

Learned counsel for the applicant submits that he has been falsely implicated in the offence. There is no criminal antecedents against him. He is in custody since 16.10.2020. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no likelihood of early conclusion of the trial due to Corona epidemic, hence prayed for release of the applicant on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Considering the facts and circumstances of the case, without commenting on the merit of the case, the application is allowed with conditions. The trial Court is directed to verify the criminal antecedents, if any, of the applicant. If the applicant has no criminal antecedents, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of bail shall be cancelled automatically.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.