Madhya Pradesh High Court
MCRC/52757/2020 of RAKESH KANASH Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-52757-2020
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The High Court Of Madhya PradeshMCRC-52757-2020
(RAKESH KANASHVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Mohd. Shafiqullah, counsel for the applicant.
Shri Anshul Mishra, Panel Lawyer for the State.
Case diary is available.
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 8.12.2020 in connection with Crime No.388/2020 registered at P.S. Ratibarh, District Bhopal for the offencepunishable under Section 34(2) of the M.P. Excise Act.
As per prosecution's case, about 60 bulk liters of country made liquoris alleged to have been seized from the possession of the applicant.
Learned counsel for the applicant submits that the applicant has beenfalsely implicated in the case. He has no criminal antecedents. The applicantin custody and trial would take considerable time to conclude due to situationcreated by Covid-19 pandemic. In view of the above, the prayer is made torelease the applicant on bail.
Learned Panel Lawyer has opposed the application.
Looking to the quantity of liquor seized from the possession of theapplicant, I deem it appropriate to release the applicant on bail, therefore,without commenting on the merits of the case, the application is allowed.
It is directed that applicant Rakesh Kanash shall be released on bailon his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of thetrial Court concerned for his appearance before the said Court on all suchdates as may be fixed in this regard during the pendency of trial.
It is made clear that if the applicant is found involved in similar offencein future, this order shall become ineffective.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
With the aforesaid, the M.Cr.C. stands allowed and disposed of.
(SMT. ANJULI PALO)V. JUDGE
PB
Digitally signed by PRADYUMNA BARVE Date: 2020.12.31 16:51:42 +05'30'