Milind vs The State Of Madhya Pradesh
2023 Latest Caselaw 8529 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                               ON THE 13 th OF JUNE, 2023
                                       MISC. CRIMINAL CASE No. 21912 of 2023

                         BETWEEN:-
                         MILIND S/O NANA PATIL,
                         AGED ABOUT 35 YEARS,
                         R/O. GRAM CHATLI TEHSIL NIWALI
                         DISTRICT BARWANI (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (SHRI NILESH SHARMA - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH
                         STATION HOUSE OFFICER THROUGH
                         POLICE STATION SENDHWA
                         GRAMIN DISTRICT BARWANI
                         (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (SHRI SURENDRA GUPTA - GOVT. ADVOCATE)

                               This application coming on for admission this day, the court passed the
                         following:
                                                            ORDER

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation to FIR/ Crime No. 306/2023 registered at police station Sendhwa Gramin, District Barwani for the offences under Section 34(2) of M.P. Excise Act. He is in custody since 05.05.2023.

As per the prosecution story, on 22.04.2023, 74 bulk liters foreign liquor has been seized from the vehicle no.M.P.46C3625 in which the applicant was Signature Not Verified Signed by: SUMATHI Signing time: 13-06-

2023 17:57:03

also travelling.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present crime. The applicant is in jail since 05.05.2023. So far as the criminal antecedents of the applicant is concerned out of three cases applicant has been acquitted from two cases, copy of the judgment of acquittal has also been furnished before the Court. It is further submitted that the offence is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent/State, on the other hand, has opposed the

prayer, however, it is not denied that out of three cases the applicant has been acquitted from two cases.

Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicant on bail. Consequently, without commenting anything on the merits of the case, b ail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.

I t is directed that applicant be released on bail on his 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 trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become Signature Not Verified Signed by: SUMATHI Signing time: 13-06-

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ineffective.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE sumathi

Signature Not Verified Signed by: SUMATHI Signing time: 13-06-

2023 17:57:03