High CourtsSingle Bench

Sanjeev Lodhi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 22 October 2019 · Citation: (2019) 10 MP CK 0115

HON’BLE JUDGES
Rajeev Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 40729 Of 2019
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Judgment

15 paragraphs · 404 words

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Pichhore, District Shivpuri in connection with Crime No.378/2019 registered in relation to the offence punishable u/S.34 (2) of the Excise Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. Allegation of recovery of 72 litres liquor from the possession of the applicant is made. There is no possibility of his absconding or tampering with the prosecution case. The offence is not punishable with life imprisonment. The applicant is in custody since 14.09.2019. Under these circumstances, counsel for the applicant prays for grant of bail.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the counsel for the rival parties and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1.

The applicant will comply with all the terms and conditions of the bond executed by him ;

2.

The applicant will cooperate in the investigation/trial, as the case may be;

3.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquitted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.

The applicant will not seek unnecessary adjournments during the trial;

5.

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

6.

The applicant shall not commit an offence similar to the offence of which they are accused;

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Panel Lawyer with a direction to keep the same in the concerned case diary.

C. C. today.