High CourtsSingle Bench

Narendra vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 October 2022 · Citation: (2022) 10 MP CK 0039

HON’BLE JUDGES
Vivek Rusia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2), 49A
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 49894 Of 2022
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Judgment

8 paragraphs · 284 words

Vivek Rusia, J

This is first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.849/2022 registered at Police-Station-Khajarana District-Indore for commission of the offence under Section 49-A and section 34 of the M.P. Excise Act.

As per prosecution case, 2 bulk liters of spurious liquor has been recovered from the possession of the applicant and on the basis of which the case has been registered against the applicant.

Learned counsel for the applicant has submits that applicant has falsely been implicated in the case and he is in custody since 21.08.2022. Charge sheet has been filed. Conclusion of trial will take sufficient long time. The offence is triable by Judicial Magistrate First Class. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Govt. Advocate for the respondent/State opposes the bail application. He further submits that the FSL report has not been received so far.

Looking to the period of custody of the applicant, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant-Narendra 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 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) Cr.P.C.

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.