Madhya Pradesh High Court

MCRC/3641/2024 of SENPAL Vs THE STATE OF MADHYA PRADESH on 1 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 1[st] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3641 of 2024

BETWEEN:-

SENPAL S/O SHRI SHRINAATH IN JAIL, AGED ABOUT 32YEARS, OCCUPATION: LABOUR SUBHASH NAGAR, TEHKALAPIPAL DIST. SHAJAPUR (MADHYA PRADESH)

.....APPLICANT

(ADITYA VERMA, LEARNED COUNSEL FOR THE PETITIONER .

)

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION KALAPIPAL DIST.SHAJAPUR (MADHYA PRADESH)

.....RESPONDENTS

( SAMEER VERMA PL APPEARING ON BEHALF OF ADVOCATEGENERAL.

)

This application coming on for admission this day, the court passed the following:

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ORDER

They are heard and perused the case diary.

This is the first bail application under Section 439 of the Code ofCriminal Procedure filed on behalf of the applicant for grant of bail inconnection with Crime No.453/2023, registered at Police Station-KalapipalDistrict-Shajapur (M.P.), for the offence under Sections 34(2) of M.P. ExciseAct. The applicant is in custody since 16.01.2024.

(2) As per prosecution story, 70 bulk liters illicit liquor is said to be seized from the applicant.

(3) Learned counsel for the applicant submits that the applicant isinnocent and has falsely been implicated in this case.He is in jailsince 16.01.2024. The case is triable by Judicial Magistrate First Class andconclusion of trial will take a long time. Under these circumstances, applicantcounsel prays for grant of bail.

(4) Learned counsel for the respondent/State opposes the bail applicationand prays for its rejection by submitting that the applicant is having criminalrecord of one case.

(5) After hearing learned counsel for the parties and looking to the factsand circumstances of the case and quantity of the liquor, I am of the view that itis a case, in which applicant may be released on bail. Consequently withoutcommenting on the merits of the case, first bail application under Section 439 ofthe Code of Criminal Procedure for grant of bail filed on behalf of applicant,stands allowed.

(6) It is directed that the applicant/accused be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only)with one solvent surety in the like amount to the satisfaction of the trial Courtfor securing his presence before the said Court on all the dates of hearing fixedin this regard during trial. It is also directed that the applicant shall comply withthe provisions of Section 437(3) of the Cr.P.C.

(7). This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

VD

(PREM NARAYAN SINGH)JUDGE

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