Ravi Marskole vs State Of Madhya Pradesh

J. P. Gupta, J

Case diary is available.

Arguments heard.

This is first bail application under Section 439 of Cr.P.C. filed on behalf of applicant Ravi Marskole, who is in custody in relation to Crime No.199/2020 registered at Police Station Gramin Navegaon, District Balaghat (MP) for the offence punishable under Section 34(2) of the M.P. Excise Act.

According to the prosecution story, the allegation against the applicant is that he was found in unauthorized possession of 60 bulk litres of handmade liquor.

Learned counsel for the applicant submits that he is innocent and is in custody since 21.9.2020. The case is triable by Magistrate. Charge sheet has been filed. Trial will take time. No criminal antecedents have been reported against the applicant. There is no likelihood of his absconding or tampering with the prosecution witnesses. No purpose will be served by keeping him in further custody. Looking to the said facts, applicant's further custody is not warranted. Apart from it, at present, due to pandemic era of Covid-19, regular hearing is not taking place and in order to reduce the crowd in the jail, prayer is made to enlarge the applicant on bail.

On the other hand, learned Panel Lawyer for the State opposed the submissions and prayed for rejection of the bail application.

Considering the facts and circumstances of the case, looking to the period of custody, in view of this Court, the applicant is entitled to be released on bail. Hence, this application is allowed.

Applicant Ravi Marskole is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with a local solvent surety appearance in trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.

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