Jagdish vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the record.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.438/2023 registered at Police Station Pipalrawa, Tehsil Sonkatch District Dewas (MP) for offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in jail since 08/10/2023.

Allegation against the applicant is that he was found in possession of 60 bulk litres of unauthorized liquor.

Counsel for the applicant has submitted that the applicant is lodged in jail since 08.10.2023. Charge-sheet has been filed and the final conclusion of trial is likely to take sufficient long time. It is also submitted that one more case under Section 323 of IPC has been registered against the applicant in the year 2020. Thus, it is prayed that the application be allowed and applicant be released on bail.

Counsel for the State has opposed the prayer and it is submitted that case-diary is not available.

6 . Having considered rival submissions, perusal of the record and the fact that the final conclusion of the trial is likely to take sufficient long time, this Court is inclined to allow the application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she 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.

Certified copy as per rules.