Sardar vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.425/2023 dated (not mentioned) registered at Police Station, Gandhwani, District-Dhar (M.P.) for commission of offence punishable under Section 34 (2) of M.P. Excise Act.

Prosecution story, in brief, is that on 26.08.2023 applicant/accused was found in possession of 120 bulk liters of liquor, without having any license or authority.

Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case. He is in custody since 26.08.2023. After completion of investigation, charge sheet has been filed. The offence is exclusively triable by J.M.F.C. The trial will take considerable long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

5 . On the other hand, learned P.L. for the non-applicant/State has opposed the prayer and prayed for its rejection.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the 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 for a sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of the Code.

Accordingly, M.Cr.C. is allowed and stands disposed of. Certified copy, as per Rules.