Madhya Pradesh High Court

MCRC/52183/2018 of MAHOOL Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.52183 of 2018 Mahul Vs. State of

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HIGH COURT OF MADHYA PRADESH : BENCH AT INDOREM.Cr.C. No.52183 of 2018Mahul Vs. State of MP

Indore, Dated:- 31/12/2018

Smt.Sharmila Sharma, learned Counsel for the petitioner Smt.Archana Kher, learned Public Prosecutor for therespondent/State.

Heard with the aid of case diary.

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O R D E R

1. This is the second bail application under Section 439 of theCr.P.C. for grant of bail in Crime No.290/2018 under Sections34(2) of the Excise Act registered at Police Station—Sagor,District—Dhar who is nabbed by the police for having 90 bulkliters of illegal liquor in his possession.

2. First application was dismissed as withdrawn vide orderdated 29.09.2018 passed in M.Cr.C No.39036/2018.

3. Earlier also a criminal case under section 34(2) of theExcise Act in crime no.195/2017 was registered against him.

4. Ground for bail of the petitioner is that in earlier case, hehas been granted bail by the co-ordinate bench of this court.

5. Nothing is stated on merits that as to how and why thepetitioner was in possession of the liquor.

6. Considering the rider created under section 59(A) of theExcise Act, and repetition of the similar office of the petitioner, Iam not inclined to grant bail to the petitioner.

7. Accordingly, the present petition is dismissed.

(Virender Singh)

Judge

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