High CourtsSingle Bench

Vikash Hanwat vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 13 October 2020 · Citation: (2020) 10 MP CK 0120

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(1), 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 36617 Of 2020
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Judgment

9 paragraphs · 265 words

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant-Vikash Hanvat, who has been arrested in connection with Crime No.322/2020 registered at Police Station Excise Circle Waraseoni, District Balaghat for commission o f offence under Sections 34(1) & 34(2) o f the M.P. Excise Act. The applicant is in custody since 07.09.2020.

It is alleged that 54 bulk litres of foreign liquor was seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. 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 quantity of liquor seized from his possession, without commenting upon the merits of the case, this application is allowed.

It is directed that applicant-Vikash Hanvat be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial.

If the applicant is found involved in similar offence in future, this order of bail shall stand ineffective. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.