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Judgment
20 paragraphs · 393 wordsSubodh Abhyankar, J
This is applicant’s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.156/2021
registered at Police Station Sector-1, Pithampur, District Dhar (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act,
1915. The applicant is in custody since 27/03/2021.
As per prosecution story, the applicant was found in possession of 63 bulk litres of unauthorized liquor.
Counsel for the applicant has submitted that the applicant is in jail since 27/03/2021 and there are no criminal antecedents of the applicant. It is further
submitted that 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, however, it is not denied that the applicant has no criminal antecedents.
Having consideration rival submissions, perusal of the case diary and taking note of the fact that there are no criminal antecedents of the applicant 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.25,000/- (rupees twenty five 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.