Madhya Pradesh High Court
MCRC/46042/2018 of SHIVRAM Vs THE STATE OF MADHYA PRADESH on 31 December 2018
1 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDOREM.Cr.C. No.46042/2018Shivram S/o Rama Bhilala v/s State of Madhya PradeshIndore, dated 31.12.2018
Shri Vinod Thakur, learned counsel for theapplicant.
Shri Mukesh Kumawat, learned GovernmentAdvocate for the respondent/State.
This is first application filed by the applicant underSection 439 of the Code of Criminal Procedure, 1973 forgrant of bail.
The present applicant is in jail since 27.10.2018 inconnection with Crime No.451/2018 registered at PoliceStation – Bhikangaon, District – Khargone for the offencepunishable under Section 34 (2) of M.P. Excise Act.
As per prosecution case, the applicant was carryingliquor without there being any licence/permit and 60 bulkliter of alcohol has been recovered from possession of thepresent applicant. It has been argued that present applicanthas falsely been implicated in the crime. He has disputedthe Jabti Panchnama also.
Learned Government Advocate for the State hasopposed the prayer for grant of bail and submits that inlight of the seizure of 60 bulk liter of alcohol, the questionof grant of bail doesn't arise. However, he has fairly statedbefore this Court that as per information available in thecase-diary, there is no past track criminal record against thepresent applicant.
This Court after careful consideration of the case-diary, after hearing learned counsel for the parties andwithout further commenting upon the merits of the case, is of the opinion that present bail application deserves to beallowed and is accordingly allowed.
Applicant – Shivram S/o Rama Bhilala is directedto be released on bail on his furnishing personal bond in thesum of Rs.1,00,000/- (Rupees One Lakh Only) with onesolvent surety in the like amount to the satisfaction of thetrial Court for his appearance before the said Court on thedates fixed in this behalf.
Certified copy, as per rules.
Ravi
Digitally signed by Ravi Prakash Date: 2018.12.31 15:46:43 +05'30'
(S.C. Sharma)VacationJudge