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Judgment
17 paragraphs · 286 wordsAnjuli Palo, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 11.1.2021 in connection with Crime No.22/2021 registered at P.S. Rehti, District Sehore for the offence punishable
under Section 34(2) of the M.P. Excise Act.
As per prosecution's case, about 63 bulk liters of foreign liquor is alleged to have been seized from the possession of the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has no criminal antecedents. The offence is
triable by Judicial Magistrate First Class. The applicant is in custody since 11.1.2021. The trial would take considerable time to conclude, therefore, the
applicant may be released on bail.
Learned Panel Lawyer has opposed the application.
Considering the overall facts and circumstances of the case and quantity of liquor seized from the possession of the applicant, I deem it appropriate to
release the applicant on bail, therefore, the application is allowed.
It is directed that applicant Neelesh Aswani shall be released on bail on her furnishing a personal bond in a sum of Rs.70,000/- (Rupees Seventy
Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such
dates as may be fixed in this regard during the pendency of trial.
It is made clear that if the applicant is found involved in the offence of similar nature in future, this order shall become ineffective.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
With the aforesaid, the M.Cr.C. stands allowed and disposed of.