Madhya Pradesh High Court
MCRC/50365/2018 of PAPPU Vs THE STATE OF MADHYA PRADESH on 31 December 2018
& 50122 of 2018 1 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDOREM.Cr.C. No.50365/2018Pappu S/o Mallu Tanwar v/s State of Madhya Pradesh M.Cr.C. No.50122/2018Gyanendra Pratap v/s State of Madhya PradeshIndore, dated 31.12.2018
Shri Vinod Thakur, learned counsel for theapplicants.
Shri Mukesh Kumawat, learned GovernmentAdvocate for the respondent/State.
This common order shall govern disposal ofM.Cr.C. No.50365/2018 & M.Cr.C. No.50122/2018 filedon behalf of Pappu S/o Mallu Tanwar and GyanendraPratap S/o Rajendra Singh respectively.
These are first applications filed by the applicantsunder Section 439 of the Code of Criminal Procedure, 1973for grant of bail.
The present applicants are in jail since 14.11.2018in connection with Crime No.485/2018 registered at PoliceStation – Bhikangaon, District – Khargone for the offencepunishable under Section 34 (2) of the M.P. Excise Act.
As per prosecution case, 61.68 bulk liter of alcoholhas been recovered from joint possession of the presentapplicants without there being any licence/permit.
It has been argued by learned counsel for theapplicants that this is the first offence registered against thepresent applicants and they are in jail since 14.11.2018.
Learned Government Advocate has opposed theprayer for grant of bail. He has read out the statementavailable in the case-diary.
This Court after careful consideration of the case-diary, after hearing learned counsel for the parties and without further commenting upon the merits of the case, isof the opinion that present bail applications deserve to beallowed and are accordingly allowed.
The present applicants are directed to be released onbail on their furnishing personal bond in the sum ofRs.1,00,000/- (Rupees One Lakh Only) each with onesolvent surety each in the like amount to the satisfaction ofthe trial Court for their appearance before the said Court onthe dates fixed in this behalf.
Certified copy, as per rules.
Ravi
Digitally signed by Ravi Prakash Date: 2018.12.31 15:45:04 +05'30'
(S.C. Sharma)
VacationJudge