Madhya Pradesh High Court

MCRC/27809/2017 of GOLU @ TULARAM Vs THE STATE OF MADHYA PRADESH on 28 December 2017

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MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.27809/2017 (Golu @ Tularam

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HIGH COURT OF MADHYA PRADESH, BENCH AT INDOREM.Cr.C. No.27809/2017(Golu @ Tularam V/s. State of M.P.)

2

Indore, Dated : 28.12.2017

Shri V.S.Chouhan, learned counsel for thepetitioner.

Shri Pankaj Wadhwani, learned Govt. Advocate forthe respondent/State.

Heard.

This is a First application filed under Section 439 ofCr.P.C seeking bail in connection with Crime No.423/2017registered at Police Station Lasudiya, Indore, District Indorefor the offence punishable under Section 34(2) of M.P. ExciseAct.

As per prosecution case, 60 bulk liter country madeliquor has been seized from the possession of the petitioner.

Learned counsel for the petitioner submits thatpetitioner is innocent and he has been falsely implicated in theoffence. The petitioner is in jail since 23.06.2017. Theinvestigation is over and charge sheet has been filed. Theconclusion of trial would likely to take time, hence prayed forrelease of the petitioner on bail.

Learned Public Prosecutor has opposed the prayer.

On due consideration of the facts and circumstances ofthe case coupled with the fact that since 23.06.2017 thepetitioner is in custody, without commenting on merits theapplication is allowed. It is directed that the petitioner bereleased on bail upon his furnishing personal bond in the sum HIGH COURT OF MADHYA PRADESH, BENCH AT INDOREM.Cr.C. No.27809/2017(Golu @ Tularam V/s. State of M.P.)

of Rs.40,000/- (Rupees Forty Thousand)with one solventsurety in the like amount to the satisfaction of the concernedCJM for his appearance before the trial Court subject to thefollowing conditions :-

(I)The petitioner shall cooperate in the trial and shall attendthe trial court during the trial.

(II)The petitioner shall not directly or indirectly allure or makeany inducement, threat or promise to the prosecutionwitnesses so as to dissuade them from disclosing facts of thecase before the Court.

(III)The petitioner shall not commit any offence or involve inany criminal activities

(IV)In case any default in attendance before the Court orinvolvement in any other criminal activities is found the bailgranted in this case may also be cancelled.

C.c as per rules.

ns

(Vivek Rusia)

Vacation Judge

Neeraj Sarvate

Digitally signed by Neeraj Sarvate

DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=1de5ec9deb10706ff5d36eb3e8f79e1db6b2b26800a815e3f0377420c0156e39, cn=Neeraj Sarvate Date: 2017.12.30 12:15:28 +05'30'

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