Mahesh @ AndyVs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.480/2020

registered at Police Station Sanwer, District Indore (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. The

applicant is in custody since 24/03/2021.

As per prosecution story, 432 bulk litres of unauthorized liquor has been seized from the possession of co-accused persons and the applicant has been

implicated on the basis of a memo prepared under Section 27 of the Evidence Act.

Counsel for the applicant has submitted that the applicant has been falsely implicated only on the basis of a memo prepared under Section 27 of the

Evidence Act and there is nothing to connect him with the offence. It is further submitted that the applicant is in jail since 24/03/2021, the offence is

triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time in the wake of fresh spread of COVID-19,

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 consideration rival submissions, perusal of the case diary and taking note of the fact that except a memo prepared under Section 27 of the

Evidence Act, there is nothing on record to connect the applicant with the alleged offence and the final conclusion of the trial is likely to take sufficient

long time in the wake of COVID-19, 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.