Madhya Pradesh High Court

MCRC/54872/2023 of MOHAMMAD ISLAM Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023

MISC. CRIMINAL CASE No. 54872 of 2023

BETWEEN:-

1.MOHAMMAD ISLAM S/O SHRI MOIDEEN, AGEDABOUT 53 YEARS, OCCUPATION: DRIVER MILAKHASAN POLICE STATION MONT KASHIPURDISTRICT RAMPUR (U.P) (UTTAR PRADESH)ABOUT 53 YEARS, OCCUPATION: DRIVER MILAKHASAN POLICE STATION MONT KASHIPURDISTRICT RAMPUR (U.P) (UTTAR PRADESH)

2.HARVANSH S/O SHRI NANDRAM, AGED ABOUT 36YEAR S, OCCUPATION: DRIVER HASMATGANJ(UTTAR PRADESH)

(BY SHRI KUSHAGRA RAGHUVANSHI - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH MADHYAPRADESH EXCISE DEPARTMENT CIRCLE NO 2 BHIND(MADHYA PRADESH)

(BY SHRI SUSHANT TIWARI - ADVOCATE )

.....RESPONDENTS

This application coming on for admission hearing this day, the court passed the following:

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ORDER

This is the first bail application under Section 439 of Criminal ProcedureCode, 1973, as they are implicated in connection with Crime No. 251/2023registered at Police Station Excise Department, Circle- 2, |District:- Bhind foroffence punishable under Section 34(1)(A), 34 (2) of M.P. Excise Act, 1915.The applicants are in custody since 03/11/2023.

Allegation against the present applicants, in short, are that they were found in possession of 2,601 bulk liters of illicit liqour, while transporting thesaid liqour.

Counsel for the applicants has submitted that the applicants were havingvalid permit for transporting the said liqour and the copy of the said permit hasalso been placed on record along with this bail application, but due to themistake, the route for transportation of the said liqour has not been mentionedin the receipt of Madhya Pradesh State. Subsequently, the applicants have alsogot separate certificate from the office of the Excise Commissioner. UttarPradesh, wherein, it has been mentioned that in the earlier export pass (FIB-11)No. D-30-2023-24-FL3-9873 dated 31/10/2023, the route could not bementioned properly. The aforesaid fact has also been verified by the learnedState counsel and the same was found to be correct. It is further submitted thatthe applicants are languishing in jail since 03/11/2023. Thus, it is submitted thatas the final conclusion of the trial is likely to take sufficient long time, applicantbe released on bail.

Counsel for the respondent/State, on the other hand has opposed theprayer.

On due consideration and on perusal of the case diary and the fact thatthe applicants are languishing in jail since 03.11.2023 and final conclusion ofthe trial is likely to take sufficient long time, in the considered opinion of thisCourt, the application of the applicants deserves to be allowed.

Accordingly, without commenting on the merits of the case, theapplication filed by the applicants is allowed. The applicants are directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) each with one solvent surety each of thelike amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain presentbefore the court concerned during trial and shall also abide by the conditionsenumerated under Section 437(3) Criminal Procedure Code, 1973.Certified copy as per rules.

Durgekar

(SUBODH ABHYANKAR)JUDGE

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