Madhya Pradesh High Court
MCRC/11405/2015 of USHABAI @ RANI Vs THE STATE OF MADHYA PRADESH on 31 December 2015
Of 2015 31.12.2015 Shri Nilesh Dave, learned counsel for the
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
31.12.2015
Shri Nilesh Dave, learned counsel for the applicant.
Shri Romesh Dave, learned Dy. GA for therespondent/State.
This is first application under Section 439 of Cr.P.C. Theapplicant has been arrested in Crime No.461/2015 registered atPolice Station, Excise Department Malwa Mill, District Indore, forthe offence punishable under Section 34(1) & 34(2) of the M.P.Excise Act.
As per prosecution case, 85.5 bulk litre of country madeliquor has been seized from the possession of the applicant, forwhich, she was not having any license.
It is submitted by learned counsel for the applicant thatapplicant has not committed any offence. She has falsely beenimplicated. Husband of the applicant is handicapped and noone isthere to look-after her husband. Applicant is a woman and is undercustody since 06/12/15. Conclusion of trial likely to take time,hence prayed for bail.
The prayer is opposed by learned Dy. GA for therespondent/State.
Case-diary perused.
Taking into consideration the allegation against the applicantcoupled with the fact that applicant is a woman and there is nocriminal antecedents, but without commenting anything on themerits of the case, the application is allowed. It is directed that theapplicant shall be released on bail on her furnishing personal bondin the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with onesolvent surety in the like amount to the satisfaction ofTrial Court.
This order will remain operative subject to compliance of thefollowing conditions by the applicant :- The applicant will comply with all the terms and conditions of the bond executed by them;The applicant will cooperate in the investigation/trial, as the case may be;The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; The applicant shall not commit an offence similar to the offence of which she is accused; The applicant will not seek unnecessary adjournments during the trial; andThe applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned forcompliance.
C.c. as per rules.
(D.K.Paliwal) Vacation Judge
sk