Ravji vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.42/2021 registered at Police Station Chandrashekhar Azad Nagar, Alirajpur (MP) for offence punishable under Section 34(2) and 46 of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 30/10/2023.

As per prosecution story, the applicant was also involved in the aforesaid case wherein, 1080 bulk liters of unauthorized liquor has been seized from the possession of co-accused Umesh and Umesh in his memo prepared under Section 27 of the Evidence Act has stated that the vehicle in which the liquor was being transported, belongs to the present applicant.

Counsel for the applicant has submitted that the vehicle actually belongs to one Jintendra who had given the same on a rent note to the present applicant and Umesh was driving the vehicle at the time of incident and thus, the applicant has nothing to do with the office and he was also not caught on the spot. It is also submitted that the applicant is in jail since 30/10/2023, the offence is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed 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 as per prosecution story, the applicant was driving the vehicle, however, it is not denied that the applicant was caught on the spot, however, it is submitted that there are 7 other cases against the applicant including the cased under Section 34(2) of the M.P. Excise Act.

Having considered the rival submissions, perusal of the case diary and considering the fact that apart from the aforesaid memo prepared under Section 27 of the Evidence Act, there is nothing on record against the applicant and he is lodged in jail since 30/10/2023, charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed by 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.