Madhya Pradesh High Court
MCRC/2122/2024 of SUNIL @ SONARIYA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2122 of 2024
BETWEEN:-
SUNIL @ SONARIYA S/O BHAYALA, AGED ABOUT 26 YEARS, OCCUPATION: LABOR R/O GRAM SINDIKHODRI TEHSIL PATI DISTT. BARWANI (MADHYA PRADESH)
(SHRI ASHISH GUPTA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION SILWAD DISTT. BARWANI (MADHYA PRADESH)
(SHRI AJAY RAJ GUPTA - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed thefollowing:
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ORDER
They are heard and perused the case diary.
This is the first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant for grant of bail inconnection with Crime No.3/2024, registered at Police Station-Silwad District-Barwani (M.P.), for the offence under Sections 34(2) of M.P. Excise Act. Theapplicant is in custody since 03.01.2024.
(2) As per prosecution story, 58 bulk liters illicit liquor is said to beseized from the applicant.
(3) Learned counsel for the applicant submits that the applicant isinnocent and has falsely been implicated in this case.He is in jail since03.01.2024. The case is triable by Judicial Magistrate First Class and conclusionof trial will take a long time. Under these circumstances, applicant counsel praysfor grant of bail.
(4) Learned counsel for the respondent/State opposes the bail applicationand prays for its rejection by submitting that the applicant is having criminalrecord of two cases.
(5) After hearing learned counsel for the parties and looking to the factsand circumstances of the case and quantity of the liquor, I am of the view that itis a case, in which applicant may be released on bail. Consequently withoutcommenting on the merits of the case, first bail application under Section 439 ofthe Code of Criminal Procedure for grant of bail filed on behalf of applicant,stands allowed.
(6) It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only)with one solvent surety in the like amount to the satisfaction of the trial Courtfor securing his presence before the said Court on all the dates of hearing fixedin this regard during trial. It is also directed that the applicant shall comply withthe provisions of Section 437(3) of the Cr.P.C.
(7). This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)JUDGE