Manish S/O Papatrao vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.506/2020 registered at Police Station Rajendra Nagar, District Indore (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh

Excise Act, 1915.

The applicant is in jail since 29.09.2020.

The allegations against the applicant are that he was found in possession of 801 bulk liters of unauthorized liquor.

Learned counsel for the applicant has submitted that the applicant's earlier bail application M.Cr.C. No.3741/2021 was dismissed by this Court on

03.02.2021 with liberty to renew his prayer after the seizure witnesses are examined.

Counsel for the applicant has submitted that after dismissal of the earlier bail application, the trial is held up on account of COVID- 19 and as such, the

Courts are also not working and the final conclusion of the trial is likely to take sufficiently long time.

Counsel has further submitted that the applicant is in jail since 29.09.2020 and as such, he has completed more than eight months in jail, although from

his possession 801 bulk liter of unauthorized liquor has been seized.

Learned counsel for the respondent / State on the other hand, has opposed the prayer. However, it is not denied that there are no criminal antecedents

of the applicant.

Having consideration of rival submissions and taking note of the period of incarceration of the applicant and fact that till date none of the witnesses

have been examined and the final conclusion of the trial again is likely to take sufficiently long time in the wake of fresh spread of COVID-19, this

Court finds it expedient to allow the present bail application.

Accordingly, the present application for grant of bail is hereby allowed. The applicant is directed to be released on bail on his furnishing a personal

bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance

as and when directed. The applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.

It is made clear that, after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

Certified copy, as per rules.