Sunil Singh vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This second bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.593/2022 registered at Police Station Nepanagar, District Burhanpur for the offence punishable under Section 34(2) of the M.P. Excise Act. The applicant is in custody since 06/08/2022.

The first bail application of the applicant was dismissed as withdrawn vide order dated 13th September, 2022 passed in M.Cr.C. No.42058/2022 with liberty to move a fresh one after 30 days. Though this application is filed before said period.

As per the case of prosecution, the present applicant was found transporting 56 bulk liters of illegal liquor.

Learned counsel for the applicant submits that the applicant is in jail since 06/08/2022. He submits that earlier five cases under Excise Act is registered against the applicant. He submits that the offence is triable b y Judicial Magistrate First Class and the trial will take time to be concluded. Therefore, he prays that the applicant may be released on bail.

Considering the quantity of seized liquor and the period of custody though the bail application has been opposed by the counsel for the State, but I a m inclined to consider and allow this bail application. Therefore, without commenting anything on the merits of the case, this bail application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

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