High CourtsSingle Bench

Sardar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 6 July 2021 · Citation: (2021) 07 MP CK 0046

HON’BLE JUDGES
Anjuli Palo, 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.32909 Of 2021
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Judgment

16 paragraphs · 271 words

Anjuli Palo, J

This is first application under section 439 Cr.P.C. for grant of regular bail on behalf of the applicant who has been arrested in connection with Crime

No.509/2021 registered at Police Station, Khaknar, District Burhanpur for offence under section 34(2) of M.P. Excise Act.

As per prosecution case, on 20.6.2021 the Police recovered 60 bulk litres of country made liquor from illegal possession of the applicant.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in

custody since 20.6.2021. The applicant has no criminal past. Due to Covid-19 pandemic, the trial would take time.

Learned Panel Lawyer has opposed the prayer for bail.

Considering the over all facts and circumstances of the case, the applicant has no criminal past and trial would take considerable time, without

commenting on merits of the case, the application is allowed.

It is directed that applicant - Sardar shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only)

with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be

fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus,

before and after releasing the applicant.

The application is accordingly allowed.