Madhya Pradesh High Court
MCRC/52816/2018 of VISHAL SITOLE Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal
High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.52816/2018
(Vishal Sitole s/o Dariyav Sitole
VersusThe State of Madhya Pradesh)
Indore, Dated 31.12.2018
Mr. Nilesh J. Dave, learned counsel for theapplicant.
Ms. Archana Kher, learned Public Prosecutor forthe non-applicant / State of Madhya Pradesh.Heard with the aid of case diary.
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O R D E R
As per statement made by the accused /applicant, this is sole (first) bail application underSection 439 of the Code of Criminal Procedure, 1973before the High Court in connection with CrimeNo.696/2018 under Sections 34 (1) (a) and 34 (2) ofthe Madhya Pradesh Excise Act, 1915 registered atPolice Station Excise Circle Malwa Mill 'A', Indore,District Indore (MP). No other bail application hasbeen preferred by him.
2. According to the prosecution case, the applicanthas been impleaded in the array of accused for havingin his possession 180 bulk liters of illicit liquor, whichhas been recovered from his possession without anylicense.
3. In view of the evidence available on record andother facts and circumstances of the case and also the quantity alleged to have been seized, I deem it properto release the accused / applicant on bail. Therefore,without commenting on merits of the case, theapplication is allowed.
It is directed that the applicant Vishal Sitole s/o Dariyav Sitole be released from custody on his furnishing a personal bond in the sum ofRs.40,000/- (Rupees Forty Thousand Only)with one solvent surety to the satisfaction of the TrialCourt for his appearance before the Trial Court, as andwhen required further, subject to the followingconditions :-
(i) The applicant shall co-operate with thetrial and shall not seek unnecessaryadjournments on frivolous grounds to protractthe trial;
(ii) The applicant shall not directly orindirectly allure or make any inducement,threat or promise to the prosecution witnesses,so as to dissuade him / her from disclosingtruth before the Court;
(iii) The applicant shall not commit anyoffence or involve in any criminal activity; and,
(iv) In case of his involvement in any othercriminal activity or breach of any otheraforesaid conditions, the bail granted in thiscase may also be cancelled.
4. Miscellaneous Criminal Case No.52816/2018.stands disposed of (Virender Singh) Vacation Judge