MCRC/52209/2018 of MADANLAL Vs THE STATE OF MADHYA PRADESH on 31 December 2018

Arguments

HIGH COURT OF MADHYA PRADESH: BENCH AT INDOREM.Cr.C. No.52209/2018Madanlal v/s State of Madhya PradeshIndore, dated 31.12.2018

Shri S.S. Chouhan, learned counsel for theapplicant.

Shri Mukesh Kumawat, learned GovernmentAdvocate for the respondent/State.

This is first application filed by the applicant underSection 439 of the Code of Criminal Procedure, 1973 forgrant of bail.

The present applicant is in jail since 16.11.2018 inconnection with Crime No.601/2018 registered at PoliceStation – Excise Circle Sagore, District – Dhar for theoffence punishable under Section 34 (2) of the M.P. ExciseAct.

Learned counsel for the applicant has argued beforethis Court that the present applicant has falsely implicatedin the crime and he is a deaf and dumb person. It has beenstated that as per recovery, 98 bulk liter of alcohol has beenrecorded from the present applicant. He has also disputedthe Japti Panchnama. It has further been stated that this isthe first criminal case registered against the presentapplicant.

Learned Government Advocate for the State hasopposed the prayer for grant of bail. He has read out thestatement available in the case-diary, however, he has fairlystated before this Court that as per the informationavailable in the case-diary, there is no criminal antecedentagainst the present applicant.

This Court after careful consideration of the case- diary, after hearing learned counsel for the parties andwithout further commenting upon the merits of the case, isof the opinion that present bail application deserves to beallowed and is accordingly allowed.

Applicant – Madanlal S/o Late Babulal is directedto be released on bail on his furnishing personal bond in thesum of Rs.1,00,000/- (Rupees One Lakh Only) with onesolvent surety in the like amount to the satisfaction of thetrial Court for his appearance before the said Court on thedates fixed in this behalf.

Certified copy, as per rules.

Ravi

Digitally signed by Ravi Prakash Date: 2018.12.31 15:45:31 +05'30'Date: 2018.12.31 15:45:31 +05'30'

(S.C. Sharma)VacationJudge