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Judgment
10 paragraphs · 331 wordsRajendra Kumar (Verma), J
This is first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.757/2022, registered at Police Station - Thandla, District - Jhabua(M.P.), for offences punishable under Section 34(2) of M.P. Excise Act. The applicant is in custody since 17/11/2022.
As per prosecution case, the allegation against the present applicant is that 60 bulk litre of illicit liquor has been seized from the possession of the present applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. Charge-sheet has been filed. The applicant has no criminal past. The offence is triable by Judicial Magistrate First Class. Conclusion of trial will take considerable long time. Under such circumstances, he prays for grant of bail.
On the other hand, learned Panel Lawyer for the non-applicant/State opposed the prayer and prays for its rejection, but he very fairly submits that the present applicant has no criminal past.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
The M.Cr.C. stands allowed and disposed of.
Certified Copy as per rules.