Madhya Pradesh High Court
MCRC/55295/2023 of SANJESH @ SANJU JHARIYA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 55295 of 2023
BETWEEN:-
SANJESH @ SANJU JHARIYA S/O SURESH, AGED ABOUT28 YEARS, OCCUPATION: LABOR R/O VILLAGECHHIRARU P.S. DHUMA TAHSIL LAKHANADOUNDISTRICT SEONI (MADHYA PRADESH)
(BY SHRI RAJESHWAR DIXIT - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICEEXCISE DEPARTMENT LAKHKANDADON DISTRICTSEONI (MADHYA PRADESH)
(BY SHRI ASHISH KURMI - PANEL LAWYER )
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.369/2023 registered at Police Station - Excise Department, Lakhnadon,District Seoni (M.P.) for the offence punishable under Section 34(1)a and 34(2)of M.P. Excise Act. Applicant is in detention since 02.12.2023.
2. As per the prosecution story, on receiving an information from aninformant, 450 bulk liters of illicit liquor from possession of the applicant hasbeen seized. FIR was registered.
3. Learned counsel for the applicant submitted that applicant is in jailsince 02.12.2023. He has been falsely implicated. There is no criminal offencehas been registered against the applicant. Investigation is complete. Chargesheet has been filed. The trial of the case will take considerable time. Therefore,it has been prayed that the applicant may be released on bail pending the trial.
4. On the other hand, learned counsel for State has opposed the grant ofbail to the applicant.
5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) withone solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
(PRAMOD KUMAR AGRAWAL)