Naval vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 09.05.2023 in connection with Crime No.292/2023 registered at Police Station Kotwali Shivpuri, District Shivpuri (M.P.) for commission of offence punishable under Sections 49 (A) of the M.P. Excise Act.

Prosecution story, in brief, is that on 09.05.2023 the applicant was found in possession of 4 liters of illicit spurious liquor for the purpose of sell without having any license.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the matter. He further submits that nothing has been seized from the possession of the applicant. The applicant is in custody since 09.05.2023. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application supporting the order impugned and submits that the FSL report is still awaited. Hence, he is not held entitled for grant of bail.

Having considered the rival submissions, quantity of liquor said to be seized from the possession of applicant, custody period o f the applicant so also considering the fact that till now there is nothing on record which suggests that the liquor was spurious in nature, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P. C.

This application is allowed and stands disposed of.

Certified copy, as per rules.