Madhya Pradesh High Court
MCRC/53544/2020 of PRABHU Vs STATE OF M.P. on 31 December 2020
MADHYA PRADESH 1
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HIGH COURT OF MADHYA PRADESH
1
MCRC No.53544/2020
MCRC No.53544/2020
(Prabhu Vs. State of M.P.)
Indore, Dated : 31.12.2020
Shri Nilesh Dave, learned counsel for the applicant.
Ms. Harshlata Soni, learned counsel for therespondent/State.
Heard on the question of grant of bail through videoconferencing.
This is an application made by the applicant underSection 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the Statecounsel. Case diary as per the direction of this Court hasbeen produced and it has been perused.
The applicant is facing trial for the offence punishableunder Section 34(2) of MP Excise Act registered with PoliceStation Badnawar, District Dhar in Crime No.516/20.
Learned counsel for the applicant submits that 70 bulklitre of illicit liquor has allegedly been seized from the custodyof the present applicant. He further submits that this is thefirst case under Section 34(2) of the Excise Act which hasbeen registered against the present applicant. He furthersubmits that the offence is triable by the Magistrate and thatthe applicant is in custody since 13.10.2020, the investigationis complete, Challan has been filed and trial is likely to taketime. He has further submitted that the applicant is not guiltyof the alleged offence and he is not likely to commit anyoffence while on bail.
In reply learned counsel for the State has opposed theapplication for grant of bail and has submitted that theapplicant has criminal antecedents in respect of offences HIGH COURT OF MADHYA PRADESH
2 MCRC No.53544/2020
under the IPC but she has not disputed that this is the firstcase registered against the applicant under the Excise Act.
On perusal of the case diary and considering thecircumstances of the case, I find prima facie force in thesubmissions made by the counsel for applicant. Hence I amof the considered view that the application for grant of baildeserves to be allowed and is accordingly allowed.
The applicant-Prabhu is directed to be released onbail upon his furnishing a personal bond in the sum of Rs.35,000/- (Rs. Thirty Five Thousand) with one surety in thelike amount to the satisfaction of the Trial Court for hisappearance as and when directed.
The applicant will attend each hearing of the trial beforethe Trial Court out of which this bail arises. Any default inattendance in Court would result in automatic cancellation ofthe bail granted by this Court.
C.C. as per rules.
trilok/-
(Prakash Shrivastava) Judge
Digitally signed by Trilok Singh Savner Date: 2020.12.31 17:42:40 +05'30'