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Judgment
9 paragraphs · 323 wordsSatyendra Kumar Singh, J
This is first repeat application filed under Section 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested on 12.11.2022 in connection with Crime No.655/2022 registered at Police Station Sarangpur, District Rajgarh (M.P.) for commission of offence punishable under Section 34(2) of M.P. Excise Act.
Prosecution story in brief is that on 12.11.2022, applicants were found carrying 80 bulk liters of illicit country made liquor on a Pulsar motorcycle without having any licence or authority to sale.
Learned counsel for the applicants submit that applicants were falsely been implicated in this matter. Nothing has been seized from the possession of the applicants. Investigation is complete and charge-sheet has been filed. Further custodial interrogation of the applicants in the trial is not required. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicants on bail.
Learned counsel for the respondent/State opposes the application for grant of bail by submitting that the applicant is having past criminal antecedents but fairly submits that none of them are under Excise Act.
Having considered the rival submissions, materials pointed out by the learned counsel for the parties, place of seizure, quantity of the liquor said to be seized from the possession of the applicants and also considering overall material produced on record, this Court is of the considered view that it is a fit case for grant of bail to the applicants.
It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) each with one separate solvent sureties of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicants shall comply with the provisions of Section 437(3) Cr.P.C.
This M.Cr.C. stands allowed and disposed of.
Certified copy, as per Rules.