Madhya Pradesh High Court
MCRC/4444/2024 of SUNIL MOHARI Vs THE STATE OF MADHYA PRADESH on 1 February 2024
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. 4444 of 2024
BETWEEN:-
SUNIL MOHARI S/O GOVIND JI, AGED ABOUT 30 YEARS,OCCUPATION: LABOR R/O KILA GATE BADNAWARTEHSIL BADNAWAR DISTT. DHAR (MADHYA PRADESH)
.....APPLICANT
(SHRI VIKAS RATHI, LEARNED COUNSEL FOR THE PETITIONER ).
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION BADNAGARDISTT. UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
MISC. CRIMINAL CASE No. 3992 of 2024
BETWEEN:-
JEVAN S/O BABULAL CASTE KALOTA, AGED ABOUT 40YEARS, OCCUPATION: AGRICULTURE GRAM NAGDATEHSIL BADNAWAR (MADHYA PRADESH)
.....APPLICANT
(SHRI RAGHUVEER SINGH KHINCHI, LEARNED COUNSEL FOR THEPETITIONER ).
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH BADNAGAR (MADHYA PRADESH)
( SHRI RAJESH JOSHI- GOVT. ADVOCATE)
.....RESPONDENT
This application coming on for admission this day, the court passed thefollowing:
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ORDER
1. Heard and perused the record.
2. These are first bail applications filed under Sections 439 of the Code ofCriminal Procedure, 1973 for grant of bail during trial relating to CrimeNo.08/2024, registered at Police Station-Badnagar, District- Ujjain, for theoffence under Sections 34(2) of Excise Act. The applicants are in custodysince 08.01.2024.
3. As per prosecution story, 57.39 bulk liters illicit liquor has been seizedfrom the joint possession of applicants and co-accused.
4. Learned counsel for the applicants submitted that applicants have not committed any crime. They have been falsely implicated. The trial of the casewill take considerable time. Therefore, it has been prayed that the applicants bereleased on bail pending the trial.
5. On the other hand, learned counsel for the State, opposed the bailapplication.
6. Having taken into consideration all the facts and circumstances of thecase, without expressing any opinion on the merit of case I a m inclined torelease the applicants on bail Consequently, first bail applications underSections 439 of the Code of Criminal Procedure for grant of bail filed on behalfof applicants, stands allowed with aforesaid condition.
7. It is directed that both the applicantsbe released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousandonly) each, with one solvent surety each in the like amount to the satisfaction ofthe trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all thedates fixed by it during trial. They shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
8. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
VD
(PREM NARAYAN SINGH)JUDGE