Madhya Pradesh High Court
MCRC/52499/2020 of HOSH @ YAKUB Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-52499-2020 (HOSH
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The High Court Of Madhya PradeshMCRC-52499-2020
(HOSH @ YAKUBVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Shashank Upadhyay, counsel for the applicant.
Shri Amit Pandey, 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 14.12.2020 in connection with CrimeNo.1105/2020 registered at P.S. Kotwali, District Tikamgarh for the offencepunishable under Section 49(A) of the M.P. Excise Act.
As per prosecution's case, about 5 liters of country made liquor isalleged to have been seized from the possession of the applicant, which wasunfit for human consumption.
Learned counsel for the applicant submits that the applicant has beenfalsely implicated in the case. No report has been filed by the prosecution regarding nature of the seized liquor. The applicant has no criminalantecedents. The applicant in custody and trial would take considerable timeto conclude due to situation created by Covid-19 pandemic. In view of theabove, the prayer is made to release 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 Hosh @ Yakub shall be released on bail onhis furnishing a personal bond in a sum of Rs.50,000/- (Rupees FiftyThousand 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.
Certified copy as per rules.
(SMT. ANJULI PALO)V. JUDGE
PB
Digitally signed by PRADYUMNA BARVE Date: 2020.12.31 16:56:14 +05'30'