Madhya Pradesh High Court
MCRC/4567/2024 of RAMZAN KHAN Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4567 of 2024
BETWEEN:-
RAMZAN KHAN S/O BAHADUR KHAN, AGED ABOUT 38YEA R S , OCCUPATION: LABOURER R/O VILLAGEAGARIYA DAFAI, POLICE STATION MUNGWANI, TEHSILAND DISTRICT NARSINGHPUR (MADHYA PRADESH)
(BY SHRI PRAKHAR NAVERIYA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MUNGWANI DISTRICT NARSINGHPUR(MADHYA PRADESH)
(BY MS. SHANTI TIWARI - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first bail application filed by the applicant under Section 439 ofthe Code of Criminal Procedure for grant of regular bail relating to FIR/CrimeNo. 16/2024 dated 16.1.2024 registered at Police Station Mungwani, DistrictNarsinghur for the offence punishable under Section 34(2) of the M.P. ExciseAct.
2. As per the case of the prosecution, about 55 bulk liters of countrymade liquor is alleged to have been seized from the possession of the applicant.
3. The counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is a first offender andhas no criminal antecedents as regards Section 34 (2) of M.P. Excise Act. Theapplicant is in custody since 16.1.2024 and trial would take considerable time toconclude, therefore, the applicant be released on bail.
4. The counsel for the State has opposed the application. However, shesubmitted that the applicant has no criminal past.
5. Heard the submissions advanced on behalf of the parties and perusedthe case.
6. Looking to the totality of the facts and circumstances of the case,quantity of liquor alleged to have been seized from the possession of theapplicant, the fact that the applicant is a first offender, he is in custody since16.1.2024 and trial would take considerable time to conclude, this Court finds itto be a fit case to release the applicant on bail. Therefore, without commentingon the merit of the case, the application is allowed.
7. It is directed that the applicant Ramzan Khan shall be released on bailon his furnishing a personal bond in a sum of Rs.50,000/- (Rupees FiftyThousand Only) with one surety in the like amount to the satisfaction of the trialCourt concerned for his appearance before the said Court on all such dates asmay be fixed by that Court in this regard during the pendency of trial.
8. It is further directed that the applicant shall comply with the provisionsof Section 437(3) of the Cr.P.C.
vivek
(MANINDER S. BHATTI)JUDGE