High CourtsSingle Bench

Kajol @ Kajal Khichi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 1 June 2021 · Citation: (2021) 06 MP CK 0083

HON’BLE JUDGES
Subodh Abhyankar, 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.26070 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

18 paragraphs · 325 words

 Subodh Abhyankar, J

This is first bail application filed under Section 439 Cr.P.C. by the applicant, who is in jail since 12.05.2021, in connection with Crime No.109/2021

registered at Police Station Nai Abadi, District -Mandsaur for commission of offence punishable under Section 34 (2) of the Excise Act.

As per the prosecution story, 60 bulk liters of illicit liquor has been recovered from the possession of the present applicant. Accordingly case has been

registered against her.

Learned counsel for the applicant submits that the applicant is a lady and she has been falsely implicated in the offence. Thus, it is submitted that since

the final conclusion of the trial is likely to take sufficient long time on account of Covid-19 the application be allowed and the applicant be released on

bail.

Prayer is opposed by the learned Public Prosecutor.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, without commenting on the merit of

the case, the application is allowed. The applicant is directed to be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for her 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 she shall also abide by the conditions enumerated under section 437(3)

Cr.P.C.

It is also observed that if the applicant is found involved in any of the criminal activities, after her release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / will be free to arrest the accused 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.