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Judgment
16 paragraphs · 272 wordsSujoy Paul, J
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime
No.574/2020 registered at Police Station â€" Bhanwarkuan, District â€" Indore for the offences registered under Section 34(2) of the M.P. Excise
Act.
Learned counsel for the applicant submits that as per prosecution case, 54 bulk liter liquor is recovered form co-accused â€" Mantri Singh and on his
memorandum prepared under Section 27 of the Evidence Act, the applicant is falsely arraigned. The applicant is in custody since 24.10.2020. The
challan has been filed. Hence, the applicant may be enlarged on bail.
The prayer is opposed by learned Government Advocate by contending that applicant has one more criminal case of similar nature.
Considering the quantity of liquor, arraignment on the basis of memorandum prepared under Section 27 of the Evidence Act and without expressing
any opinion on the merits of the case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.
The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand Only) with one
solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would
result in cancellation of the bail granted by this Court.
With the aforesaid, the application stands disposed of.
Certified copy, as per Rules.