Saysingh vs State Of Madhya Pradesh

Sujoy Paul, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.189/2021 registered at Police Station Pati, District

Barwani for the offence punishable under Section 34(2) of the M.P. Excise Act.

Learned counsel for the applicant submits that the applicant is in custody since 18.06.2021. As per prosecution story, 95 liters 40 ml of liquor is

allegedly recovered from the main accused Siyaram. On the basis of memorandum of Siyaram prepared under Section 27 of the Indian Evidence Act,

the applicant has been subsequently arraigned. The said memorandum has no evidentiary value against the applicant. The applicant is first offender.

Conclusion of trial in this pandemic era will take time. The applicant may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer, but he does not dispute that (i) challan has been filed (ii) applicant is first offender, (iii) applicant's

arraignment is solely on the basis of the aforesaid memorandum.

Considering the aforesaid, without expressing any conclusive opinion on the merits of the case, I deem it proper to enlarge the applicant on bail.

Accordingly, the bail application is allowed.

Applicant-Saysingh is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand only)

with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a

condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3)

Cr.P.C.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.