MCRC/9767/2011 of DHARMENDRA Vs THE STATE OF MADHYA PRADESH on 22 December 2011

Arguments

22.12.2011

Shri T.C. Jain, Advocate for the applicant.

Shri N.K. Gangwal, Panel Lawyer for the NA/State.

Heard. Case diary perused.

This is first application for grant of bail by applicant Dharmendra, who is in custody since 20.6.2011, in connection with Crime No. 361/2011, registered at Police Station Kishnganj, tehsil Mhow district Indore for an offence punishable under Section 34(2) of M.P. Excise Act, 1915.

As per prosecution story, on 20[th] June, 2011 on the information of the informant two persons coming on a motorcycle bearing registration No. MP-09/LB-8160 were intercepted. The applicant, who was sitting as pillion rider, was caught with 63 litres of country made liquor in a gunny bag and co-accused Chetan, who was driving the motorcycle ran away, hence the applicant has been arrested.

Learned counsel for the applicant submitted that co-accused Chetan has been released on bail by order dated 17.10.2011, passed in M.Cr.C. No.7862/11. He submitted that the alleged offence is triable by Judicial Magistrate First Class and prayed that looking to the period of custody of the applicant this application for grant of bail be allowed and the applicant be released on bail.

On the other hand, learned Panel Lawyer opposed the bail application and prayed for its rejection.

Considering the above facts & circumstances of the case and after perusal of the case diary and looking to the fact that the co-accused has been released on bail, without expressing any opinion on the merits of the case the application is allowed and it is directed that the applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- rcs*

(rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court as the case may be on all dates of hearing fixed by the Court concerned in this behalf during trial.

Certified copy as per rules.

(P.K. Jaiswal, J.)