Lakhan Khatik vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.411/2023 registered at Police Station Gandhi Nagar, District Indore (MP) for offence punishable under Sections 49-A, 34(1) of the M.P. Excise Act. The applicant is in custody since 26.10.2023.

The allegation against the applicant is that he was found in possession of 5 bulk liter of spurious liquor.

Learned counsel for the applicant submitted that the chargesheet has already been filed and the applicant is lodged in jail since 26.10.2023 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 application and prays for its rejection.

Having considered the rival submissions and on perusal of the case diary, chargesheet has been filed and considering the fact that the applicant is lodged in jail since 26.10.2023 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 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 Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he 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.