Santosh @ Sukhram vs The State Of Madhya Pradesh
2023 Latest Caselaw 1352 MP

                                                                1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                               ON THE 23 rd OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 61974 of 2022

                          BETWEEN:-
                          SANTOSH @ SUKHRAM S/O SUBHASH PATEL, AGED
                          ABOUT 32 YEARS, OCCUPATION: LABOUR GRAM
                          KUKDIYA BEDA DISTRICT BARWANI (MADHYA
                          PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI M.I. KHAN, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION JULWANIYA
                          DISTRICT BARWANI. (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY MS. SEEMA, PANEL LAWYER)

                                Th is application coming on for hearing on admission this day, the
                          court passed the following:
                                                                ORDER

They are heard and perused the case diary/challan. This is applicant'€™s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.101/2022 registered at Police Station-Julwaniya, District-Badwani MP) for offence punishable under Section 34 (2) of the M.P. Excise Act. The applicant is in custody since 21.03.2022.

As per prosecution story, the applicant was found in possession of 60 bulk litres of country made liquor.

Signature Not Verified Signed by: MONI RAJU Signing time: 1/23/2023 5:29:35 PM

Counsel for the applicant at the outset has submitted that as the query made by this Court that in two cases under Excise Act registered against the applicant, he has already been acquitted from the offence and the copy of the judgments dated 07.10.2021 and 06.01.2022 has been placed on record. It is also submitted that the charge sheet has been filed; the applicant is in jail since 21.3.2022 and conclusion of the trial is likely to take sufficiently long time. In such circumstances, it is prayed that the bail application be allowed.

Counsel for the State, on the other hand, has opposed the prayer. However, it is not denied that the applicant has already been acquitted from the other cases registered against him. However, it is submitted that there are four

other cases under Section 379 of the IPC against the applicant.

On due consideration of the rival submissions and on perusal of the case diary, this Court finds force with the contention raised by the counsel for the applicant. Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

T h e applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become in effective.

Certified copy, as per rules.

Signature Not Verified Signed by: MONI RAJU Signing time: 1/23/2023 5:29:35 PM

(SUBODH ABHYANKAR) JUDGE moni

Signature Not Verified Signed by: MONI RAJU Signing time: 1/23/2023 5:29:35 PM