Jitendra Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.251/2021 registered at Police Station Y.D. Nagar, District Mandsaur (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 10/08/2022.

The allegation against the applicant is that he was also involved in the aforesaid case wherein 243 bulk litres of unauthorized liquor has been seized from the possession of co-accused persons who in their memo prepared under Section 27 of the Evidence Act has stated that the liquor was supplied by the present applicant only, however, there is no other document available on record to suggest that the applicant was involved in the aforesaid case.

Counsel for the applicant has submitted that although there are four other cases registered against the applicant; one of them is under Section 34(2) of the M.P. Excise Act committed by him in the year 2010 but the said case is still pending and the other two cases are of M.P. Excise Act, whereas one case is under the NDPS Act in which also, the applicant is implicated on the basis of memo prepared under Section 27 of the Evidence Act. It is further submitted that after the applicant's application for anticipatory bail was rejected, he had surrendered before the Trial Court and the charge sheet has already been filed and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer.

Having considered the rival submissions, perusal of the case diary and taking note of the fact that apart from the memo prepared under Section 27 of the Evidence Act, there is no other material available on record to connect the applicant with the offence and the final conclusion of the trial is likely to take sufficient 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 applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty 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.

It is made clear that if the applicant is 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 applicant 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.