High CourtsSingle Bench

Surjeet Kuchbandiya vs State Of M.P

Madhya Pradesh High Court · Decided on 21 December 2020 · Citation: (2020) 12 MP CK 0175

HON’BLE JUDGES
Anjuli Palo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.50912 Of 2020
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Judgment

16 paragraphs · 283 words

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Surjeet Kuchbandiya who has been arrested in

connection with Crime No.1279/2020 registered at Police Station- Kotwali, District- Damoh for commission of offence under Section 34(2) of the

M.P. Excise Act. The applicant is in custody since 08.12.2020. It is alleged that 58 bulk litres of country made liquor has been seized from the

possession of the applicant.

Learned counsel for the applicants submits that the applicant has been falsely implicated in the case. As per the counsel for the applicant, he has no

criminal past. It is also submitted that due to outbreak of Corona Virus pandemic, trial will take considerable time, hence, it is prayed that applicant be

released on bail.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances of the case as well as the fact that due to COVID 19 pandemic situation, the trial would take considerable

time, without commenting on the merits of the case, this application is allowed. It is directed that Applicant- Surjeet Kuchbandiya be released on bail

on his furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand only) with one solvent surety, in the like amount to the

satisfaction of the concerned trial Court for appearance on the dates so fixed by that Court during trial. It is made clear that if the applicant is found

involved in similar offence in future, this order of bail shall stand ineffective. The applicants shall comply with the provisions of Section 437(3) of the

Cr.P.C.

Accordingly, the application is allowed and disposed of.