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Vijay Kumar Bhola vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 31 July 2023 · Citation: (2023) 07 MP CK 0144

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 33354 Of 2023
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Judgment

11 paragraphs · 351 words

Satyendra Kumar Singh, J

1.

With the consent, heard finally.

2.

Perused the case diary.

3.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested on 12.07.2023 in connection with Crime No.207/2023 registered at Police Station Dehat, District Shivpuri (M.P.) fo r commission of offence punishable under Sections 34(2) of the Excise Act.

4.

Prosecution case, in brief, is that on 11.7.2023 the applicants were found in possession of 63 bulk litres of illicit country made liquor on a motorcycle for the purposes of sell without having any license or authority.

5.

Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the matter. He further submits that nothing has been seized from the possession of the applicants. They have no criminal antecedents. The applicants are in custody since 12.07.2023. Their custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicants on bail.

6.

Learned counsel for the respondent/State opposes the application and prayed for its rejection.

7.

Having considered the rival submissions, quantity of the liquor said to have been seized from the possession of the applicants and also considering the overall material produced on record, this Court is of the view that applicants deserve to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

8.

It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for their appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicants shall comply with the provisions of Section 437 (3) of Cr. P. C.

9.

This application is allowed and stands disposed of.

10.

Certified copy, as per Rules.