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Judgment
9 paragraphs · 381 wordsSubodh Abhyankar, J
They are heard and perused the case-diary/challan papers.
This is the first bail application filed by the applicant under Section 439 o f Cr.P.C. as he/she is implicated in connection with Crime No.878/2022 registered at Police Station- Station Road, District Ratlam (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915 and Sections 467, 468, 471 of the Indian Penal Code, 1860. The applicant is in custody since 26.12.2022.
The allegation against the applicant is that he was also involved in the aforesaid case wherein 7380 bulk litres of unauthorized liquor has been seized from the applicant and the co-accused Hanumanram.
C o uns el for the applicant has submitted that the co-accused Hanumanram's bail application M.Cr.C. No.9831 of 2023 has been dismissed by this Court on 01.03.2023 with liberty to renew the prayer after completion of three months of incarceration. It is further submitted that so far as the present applicant is concerned, he is lodged in jail since 26.12.2022 and as such he has already completed three months of incarceration, the charge-sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time Hence, it is submitted that the application be allowed and the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that the case-diary is not available.
On due consideration of submissions, perusal of the charge-sheet which is available with the counsel for the applicant and further considering the fact that the applicant has already completed three months of incarceration, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby 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) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.
Certified copy as per rules.