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Makkhan Bai vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 27 December 2023 · Citation: (2023) 12 MP CK 0115

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 41A, 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 56410 Of 2023
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Judgment

9 paragraphs · 337 words

Subodh Abhyankar, J

1.

They are heard. Perused the chargesheet which has been filed by the applicant.

2.

This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No . 327/2022 registered at Police Station Mungaolil, District Ashoknagar(MP) for offence punishable under Sections 34(2) of the M.P. Excise Act.

3.

The allegation against the applicant is that he was found in possession of 62 bulk liters country made liquor.

4.

Learned counsel for the applicant submitted that applicant was earlier released after giving notice under Section 41-A of the Cr.P.C., however, he did not appear at the time of filing of charge-sheet. It is further submitted that the chargesheet has already been filed, the applicant is lodged in jail since 05.12.2023 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.

5.

Counsel for the respondent/State, on the other hand has opposed the application and prays for its rejection.

6.

Having considered the rival submissions, perusal of the charge-sheet which has been filed by the applicant on record and further considering the fact that the applicant is lodged in jail since 05.12.2023 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.

7.

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 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.

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