Pawan vs State Of M.P

Prakash Shrivastava, J

This is an application made by the applicants (accused) under Section 439 Cr.P.C. for grant of bail during trial.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicant is facing trial for offence punishable under Section 34(2) of the M.P. Excise Act registered with Police Station Mandleshwar, District

Khargone in Crime no.412/2020.

Learned counsel for the applicants submits that 65 bulk liter of illicit liquor was seized from the joint custody of applicants Pawan and Mithun. He

further submits that nothing has been seized from applicant Sandeep but he has been implicated because he is the registered owner of the vehicle. He

further submits that the investigation is complete, challan has been filed and conclusion of trial is likely to take time and that the offence is triable by

the Magistrate. He also submits that the applicant No.1 Pawan and applicant No.2 Mithun are in custody since 03/10/2020 and applicant No.3

Sandeep is in custody since 16/10/2020 and the applicants have no criminal antecedents. He has further submitted that the applicants are not guilty of

the alleged offence and they are not likely to commit any offence while on bail.

Learned counsel for the State has opposed the application for grant of bail but he has not disputed that the applicants have no criminal antecedents.

On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for

applicants. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) each

with separate sureties in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

The applicants will attend each hearing of their trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result

in cancellation of the bail granted by this Court.

Certified copy as per rules.