High CourtsSingle Bench

Indrabhan Jayaswal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 16 December 2020 · Citation: (2020) 12 MP CK 0136

HON’BLE JUDGES
Anjuli Palo, 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.49113 Of 2020
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Judgment

16 paragraphs · 253 words

Anjuli Palo, J

This is first application for grant of regular bail under section 439 Cr.P.C. on behalf of the applicant who has been arrested in connection with Crime

No.734/2020 registered at Police Station, Mauganj, District Rewa for offence under section 34(2) of the Excise Act.

As per prosecution case, on 21.11.2020 Ninety (90) bulk litres of country made liquor has been seized from the joint possession of the applicant and

co-accused persons and, therefore, the Police has registered aforesaid offence against the applicant.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. The applicant has no

criminal antecedent. The applicant is in custody since 21.11.2020. Due to Covid-19 pandemic situation, the trial would take considerable time.

Therefore, the applicant be released on bail.

Learned Panel Lawyer has opposed the prayer for bail.

Considering the above facts and circumstances of the case and without commenting on merits of the case, the application is allowed. Accordingly, it is

directed that applicant-Indrabhan Jayaswal be released on bail on his furnishing bail bond of Rs.60,000/- [Rupees Sixty Thousand only] with one

solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on the dates so fixed by that Court

during trial.

It is made clear that applicant shall comply with the provisions of section 437(3) of Cr.P.C. during trial and shall not again involve himself in similar

nature of offence.

Accordingly, the application is allowed.