Sachin vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.

T h e applicant is facing trial in connection with Crime No.518/2020 registered at Police Station Bilpank, District Ratlam (MP) for offence punishable

under Sections 34(2), 49-A of M.P. Excise Act and Section 328 of IPC, 1860. The applicant is i n custody since 04/08/2021.

Allegation against the applicant is that he was in also involved in the case wherein 153 bulk liters of unauthorised liquor along with certain implements

for manufacturing the same has been seized from the possession of the co-accused persons.

Learned counsel for the applicant submitted that the name of the applicant came up for the first time only on 03/08/2021 and he was arrested on

04/08/2021, although he was not main accused in the present case. The applicant is implicated only on the basis of memo under Section 27 of

Evidence Act at the instance of co-accused Ankush. It is also submitted that only one case under Section 323 of IPC has been registered against the

applicant. The final disposal o f the trial is likely to take sufficiently long time on account of fresh spread of COVID-19. Hence, it is submitted that the

applicant be released on bail.

Learned counsel for the respondent/State, on the other hand, has opposed the prayer and submitted that from the possession of the applicant seven

holograms has been recovered hence no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the case diary, so also the documents on record, this Court finds force with the contentions

raised by Counsel for the applicant and taking note of the fact that the applicant is in jail since 04/08/2021 and final conclusion of trial will take

sufficient long time, this Court finds it expedient to allow this application.

Accordingly, without adverting to the merits of the case, the application filed by 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 only) 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.

It is also observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the State/Prosecution shall be entitled to arrest the applicant in the present case also.

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

Certified copy as per rules.