Minesh Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 9110 MP

                                     1                           MCRC-62964-2021
         The High Court Of Madhya Pradesh
                 MCRC No. 62964 of 2021

(MINESH SHARMA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 22-12-2021 Shri Rahul Diwakar, Advocate for the applicant.

Shri Pradeep Dwivedi, Panel Lawyer for the State. Heard.

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 09.12.2021 in connection with Crime No.584/2021 registered at P.S. Kundipura, District Chhindwara (MP) for the offence punishable under Sections 34(2), 45 of the M.P. Excise Act.

As per the prosecution, more than 50 bulk litres of illegal foreign liquor alleged to have been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case on the basis of memorandum of co-accused. Though, there were two criminal cases registered against the applicant, he was acquitted in those cases. He has filed copy of judgments in this regard. It is

stated that the applicant is in jail since 09.12.2021, and the trial would take considerable time to conclude, therefore, the applicant may be released on bail.

Learned Panel Lawyer on the other hand, has vehemently opposed the bail application.

Looking to the aforesaid facts and circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed.

It is ordered that that the applicant/accused be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard 2 MCRC-62964-2021 during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

I t is further directed that the Jail authority shall comply with all the directions and guidelines issued by the Central Government and the State Government from time to time in regard to outbreak of Covid-19 pandemic

before releasing the applicant from the jail.

Certified copy/e-copy-as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.12.23 11:56:01 IST