Jagdish And Three Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicants' first application under Section 439 of Criminal Procedure Code, 1973, as they are implicated in connection with Crime

No.223/2021, registered at Police Station-Ghatia, District-Ujjain (MP) for offence punishable under Sections 34(2) of the M.P. Excise Act, 1915.

The applicant is in custody since 03.6.2021.

As per prosecution story, the applicants were also involved in the aforesaid offence wherein 75 bulk litres of unauthorized liquor has been seized from

the co-accused Tejaram.

Counsel for the applicants has submitted that the applicants have been falsely implicated in the case on the basis of the memo of the co-accused

Tejaram prepared under Section 27 of the Evidence Act. It is further submitted that the applicants are in jail since 3.6.2021 and there are no criminal

antecedents of the applicants. It is further submitted that the offence is triable by Judicial Magistrate

First Class and final conclusion of the trial is likely to take sufficiently long time, therefore, it is prayed that the application be allowed and the

applicants be released on bail

Counsel for the respondent / State, on the other hand has opposed the prayer, however, it is not denied that the applicants have no criminal

antecedents.

Having consideration rival submissions, perusal of the case diary and taking note of the fact that there are no criminal antecedents of the applicants

and the final conclusion of the trial is likely to take sufficiently long time, without reflecting anything on the merits of the case, the application filed by

under Section 439 of Cr.P.C. on behalf of the applicants is hereby allowed.

The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only)

each with one solvent surety of the like amount each to the satisfaction of the trial Court for their regular appearance before the trial Court during trial

with a condition that they 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 made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically

without reference to the Court and the police will be at liberty to arrest the applicants 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.