Madhya Pradesh High Court

MCRC/32280/2018 of PYARELAL MARSKOLE Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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COURT OF MADHYA PRADESH M.Cr.C. No.32280/2018 (Pyarelal Marskole vs. State of

THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.32280/2018

(Pyarelal Marskole vs. State of M.P.)

Jabalpur Dated: 31.12.2018

Shri Yogesh Kumar Gupta, learned counsel for the appli-cant.

Mrs. Shahin Fatima, learned Panel Lawyer for the re-spondent/State.

Heard with the aid of case diary.

This is the second application under Section 439 of theCr.P.C. for grant of bail in connection with Crime No.141/2018registered at Police Station Khairlanjhi, District Balaghat(M.P.) for the offence punishable under Section 34(2) of theM.P. Excise Act, 1915.

The first application filed by the applicant i.e. M.Cr.C.No.25383/2018 was dismissed as withdrawn by this Court videorder dated 11.07.2018.

As per prosecution case on 09.06.2018 on the informa-tion of the informant, Police raided the applicant’s house situ-ated at village Saitola, Distt. Balaghat and seized 62 bulk litersof country made liquor from his possession, which was ille-gally been kept by the applicant behind his house.

Learned counsel for the applicant submits that the appli-cant has not committed any offence and he has falsely been im-plicated in the offenc. The applicant is in custody since09.06.2018 and the conclusion of the trial is likely to take longtime, hence prayed for release of the applicant on bail.

On the other hand, learned counsel for therespondent/State opposed the prayer and submitted that suffi-cient evidence is available against the applicant to connect him with the offence in question and two other offences are alsoregistered against the applicant, so he should not be released onbail.

After hearing learned counsel for the parties, consideringthe facts and circumstances of the case and also looking to thequantity of seized liquor from the possession of the applicantand as to the fact that no other offence under Section 34(2) ofM.P. Excise Act has been registered against the applicant so farexcept this case and the applicant is in custody since09/06/2018 and the conclusion of trial is likely to take longtime, without commenting on the merits of the case, the appli-cation is allowed and the applicant Pyarelal Marskole is di-rected to be released on bail upon his furnishing personal bondin the sum of Rs.50,000/- (Rupees Fifty Thousand Only) withseparate surety in the like amount to the satisfaction of the con-cerned C.J.M/trial Court for his appearance before the trialCourt on all such dates as may be fixed in this behalf by thetrial Court during the pendency of trial.

This order will remain operative subject to compliance ofthe following conditions by the applicant:

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1. The applicant will comply with all the terms andconditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending in-ducement, threat or promise to any person acquainted with thefact of the case so as to dissuade him from disclosing such factsto the Court or to the Police Officer, as the case may be;fact of the case so as to dissuade him from disclosing such factsto the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar tothe offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previouspermission of the trial Court.

C.C.as per rules.

sjk

(Rajeev Kumar Dubey) V. Judge

Digitally signed by SHARANJEET KAUR JASSAL SHARANJDN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482005, st=Madhya EET KAUR Pradesh, 2.5.4.20=e9afd9b0df9b7eb37f1ef0670af034cd7d26227bb2914a154b053f9f6c0dc765, cn=SHARANJEET JASSALKAUR JASSAL Date: 2019.01.02 16:43:37 +05'30'

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