Rohit Sonkar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1242 MP

                                                         1                               MCRC-7251-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-7251-2021
                                         (ROHIT SONKAR Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 05-04-2021
                              Mr. Vishnu Upadhaya, learned counsel for the applicant.

                              Mr. S.K. Raghuwanshi, learned P.L. for the respondent/ State.

This is first bail application of applicant under Section 439 of the Code of Criminal Procedure for grant of bail.

T he applicant has been arrested on 20.01.2021 in connection with

C rime No.374/2020 registered at Police Station- Kotwali, Jabalpur for commission of offence punishable under Section 34(2) of the Excise Act, 1915.

As per the prosecution story, applicant along with other co-accused persons was transporting 180 liters of illicit liquor. It is submitted by the counsel for the applicant that he is in jail since 14.11.2020. The offence is triable by the J.M. F.C. Under these circumstances, it is prayed that the applicant be released on bail.

Learned P.L. for the State has opposed the application. It is submitted

by him that the applicant has criminal antecedents. It is further submitted that huge quantity of liquor has been seized and therefore, this bail application be rejected.

Learned counsel for the applicant submits that he has already been enlarged in the said case. He has filed copy of the judgment dated 29.02.2020 passed in S.T.NO.338/18, which is on record. As per the said judgment applicant has been acquitted.

Heard the learned counsel for the parties. Considering the fact that inviestigation in the case is complete and the applicant is in jail since 20.01.2021 and offence is triable by J.M.F.C, without expressing any opinion on the merits of the case, bail application filed on behalf of the applicant is allowed.

Signature Not SAN Verified It is directed that applicant be released on bail on his furnishing Digitally signed by VIKRAM SINGH Date: 2021.04.06 10:49:05 IST 2 MCRC-7251-2021 personal bond of Rs.50,000/- (Rs. Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the trial court.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.

C.C as per rules.

                                                                                 (VISHAL DHAGAT)
                                                                                      JUDGE


                      Vikram




Signature
 SAN      Not
Verified

Digitally signed by
VIKRAM SINGH
Date: 2021.04.06
10:49:05 IST