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Raksingh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 October 2023 · Citation: (2023) 10 MP CK 0009

HON’BLE JUDGES
Prakash Chandra Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 43829 Of 2023
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Judgment

10 paragraphs · 352 words

Prakash Chandra Gupta, J

1.

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.161/2023 dated (not mentioned) registered at Police Station Tanda, District Dhar (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.

2.

Prosecution story in brief is that on 16.06.2023, applicant was found in possession of 80 bulk litres of illicit country made liquor, without having any license/authority.

3 . Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. Applicant has no criminal past and he is in custody since 16.06.2023. Offence is exclusively triable by the Judicial Magistrate First Class. After completion of investigation, charge-sheet has been filed and the trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

4 . On the other hand, learned counsel for the State has objected the prayer and prayed for its rejection.

5.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

6.

It is directed that applicant- Raksingh shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

7.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

8.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.