Madhya Pradesh High Court
MCRC/3383/2024 of JOJANSINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3383 of 2024
BETWEEN:-
JOJANSINGH S/O HOKAMSINGH, AGED ABOUT 23 YEARS, OCCUPATION: LABOUR R/O. ROYAL TOWN PITHAMPUR
DISTT. DHAR (MADHYA PRADESH)
(SHRI AHMAD DARBARI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGHPOLICE STATION EXCISE CIRCLE SAGOR DISTT. DHAR (MADHYA PRADESH)
(SHRI SURENDRA GUPTA - GOVT. ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the case-diary.
This is the first application filed by the applicant under Section 439 of theCode of Criminal Procedure, 1973 for grant of bail in connection with FIR /Crime No.1024/2024 registered at Police Station - Excise Circle, Sagor, District- Dhar for commission of offence punishable under Section 34(2) of the M.P.
Excise Act. The applicant is in custody since 13.01.2024.
02. As per prosecution story, the present applicant said to have been found in possession of 63 bulk litres of country made liquor without having anyvalid license.
03. Learned counsel for the applicant submits that the present applicant isan innocent person and he has falsely been implicated in this case. Theapplicant is in jail since 13.01.2024. The case is triable by Judicial MagistrateFirst Class and final conclusion of trial will take sufficient long time. Therefore,the application filed by the applicant be allowed and the applicant may beenlarged on bail.
04. Learned Panel Lawyer for the respondent / State has opposed theapplication and prayed for its rejection.
0 5 . Considering the nature of accusation, totality of facts andcircumstances of the case and without expressing any opinion on the merits ofthe case, I deem it proper to enlarge the applicant on bail. Accordingly, theapplication filed by the applicant is allowed.
06. It is directed that the applicant be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) withone solvent surety of the like amount to the satisfaction of the trial Court with afurther direction to appear before the concerned Court on the date fixed in thisregard. The applicant shall also abide by the conditions as enumerated underSection 437(3) of the Cr.P.C.
07. The present order shall be effective till the end of the trial, however, incase of bail jump or any breach of aforesaid conditions of this order, the sameshall become ineffective.
Certified copy, as per Rules.
(PREM NARAYAN SINGH)JUDGE