Shakeel vs The State Of Madhya Pradesh
2021 Latest Caselaw 7158 MP

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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
 (SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
               M.Cr.C. No. 44914/2021
Shakeel S/o Moh. Shah, aged about 32 years, Occupation- Labour, R/o
Aagar, P.S. - Aagar, District Aagar (Malwa)
                                                       ---Applicant.
                                    Versus
State of M.P. through Police Station- Aagar, District Aagar.
                                                       --Non-applicant.

                             ORDER

Date: 09.11.2021:

Shri Yogesh Purohit, learned counsel for the applicant. Ms. Vinita Phaye, learned Government Advocate for the respondent/State.

**** This is the Third application filed under section 439 Cr.P.C seeking bail in connection with Crime No.197/2021 registered at Police station - Aagar District - Aagar (Malwa) for the offence punishable under section 34(2) and Section 49-A of M.P. Excise Act.

First and Second bail applications of the applicant were dismissed as withdrawn vide order dated 17.05.2021 and 15.07.2021 passed in M.Cr.C. No. 22395/2021 and M.Cr.C. No.31138/2021 respectively.

As per prosecution story, from the Tapri belonging to this applicant, police has recovered 139 liters country made liquor. He was arrested by the police and since then he is in custody.

Learned counsel for the applicant submits that so far as past criminal records of the applicant are concerned, in Crime No.141/2021, only fine has been imposed, which has been deposited. In crime No.88/2014, he has acquitted by the trial court vide judgment dated 29.02.2016. There is no FSL report confirming that the aforesaid liquor is spurious liquor. Two seizure witnesses have been examined and they have turned hostile, therefore recovery has not been established by the

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prosecution. Hence, applicant may be enlarged on bail.

Learned Government Advocate opposes the bail application and prays for its rejection.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

It is made clear that applicant shall surrender before the trial court, if it is found that the seized liquor is spurious liquor.

C.c as per rules.

( VIVEK RUSIA ) JUDGE praveen

Digitally signed by PRAVEEN NAYAK Date: 2021.11.09 17:52:18 +05'30'