Nawal Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.199/2021 registered at Police Station-Mandleshwar, District-Khargone (MP) for offence

punishable under Section 34(1)(A), 34(2) of M.P. Excise Act. The applicant is in custody since 29/04/2021.

The allegation against the applicant is that he was found in possession of 60 liters of unauthorised liquor.

Counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the matter. The applicant is in jail since

29/04/2021, so far as the criminal antecedents against the applicant is concerned, two cases under Gambling Act has been registered against him and

there are no cases registered against him under M.P. Excise Act. The final conclusion of trial is likely to take sufficient long time on account of Covid-

19, thus it is submitted that the application be allowed and the applicant be released on bail.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer, however, it is not denied that there are no other cases

registered against the applicant under M.P. Excise Act.

Having considered the rival submissions, on perusal of the case diary, taking note of the quantity of the liquor and the fact that the applicant is in jail

since 29/04/2021, there are no other case registered against the applicant under M.P. Excise Act and the final conclusion of the trial 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, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon 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) Criminal Procedure Code, 1973.

It is also observed 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.

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.