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Shyamsingh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 11 October 2022 · Citation: (2022) 10 MP CK 0004

HON’BLE JUDGES
Pranay Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 304, 328 · Madhya Pradesh Excise Act, 1915 — Section 49A
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.48155 Of 2022
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Judgment

9 paragraphs · 369 words

Pranay Verma, J

1.

This is first application under Section 439 Cr.P.C. for grant of bail in connection with Crime No.40/2022 for offence punishable under Section 304, 328 of the IPC and 49-A of the M.P. Excise Act registered with Police Station Pipliyamandi, District Mandsaur (MP). The applicant is in jail since 06.08.2021.

2.

The allegation against the applicant is that he was involved in the sale of spurious liquor as a result of which one Dilip Singh has expired.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the offence. In similar case applicant has been enlarged on bail by this Court by order dated 02.08.2022 in M.Cr.C. No.37596 of 2022, order dated 05.08.2022 in M.Cr.C. No.31655 of 2022, order dated 10.08.2022 in M.Cr.C. No.38972 of 2022, order dated 16.08.2022 in M.Cr.C. No.38973 of 2022 and various other similar orders. It is hence submitted that applicant deserves to be released on bail in this case also.

4.

The aforesaid prayer has been opposed by learned counsel for the respondent/State. However, he could not dispute the fact that in similar cases applicant has already been enlarged on bail by this Court.

5.

I have heard the learned counsel for the parties and have perused the case diary and also the documents filed on record. On perusal of the same this Court finds that the contentions raised by counsel for the applicant have merit and finds it expedient to allow the application.

6 . Accordingly, without commenting on merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty 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) Criminal Procedure Code, 1973.

7.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.