Manoj vs State Of M.P

Subodh Abhyankar, J

This is the second application under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.372/2020 registered at Police

Station Pithampur Sector - 1 , District - Dhar for offence punishable under Sections 49-A and 34(1) of M.P. Excise Act. The applicant is in custody

since 14.10.2020.

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

Counsel for the applicant has submitted that earlier, first bail application i.e., M.Cr.C. No.46090 of 2020 was dismissed as withdrawn vide order

dated 02.12.2020 with liberty to renew the prayer after filing of charge-sheet and the charge-sheet in the present case has already been filed and the

applicant is in jail since 14.10.2020 and final conclusion of the trial is likely to take sufficient long time.

Counsel for the State, on the other hand, has opposed the prayer.

Having considered the rival submissions, taking note of the earlier order passed by this Court on 02.12.2020 in M.Cr.C. No.46090 of 2020 and the

fact that the charge-sheet has already been filed and this is the first offence of the applicant, therefore, 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 on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one

surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. He 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 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.

The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result

in cancellation of the bail granted by this Court.

Certified copy as per rules.