MCRC/59163/2021 of SHAKTI SINGH Vs THE STATE OF MADHYA PRADESH on 30 December 2021

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THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No.59163/2021

(Shakti Singh Vs. State of M.P.)

Indore, Dated:30/12/2021

Shri Vinod Thakur, learned Counsel for the applicant.

Shri. Mukesh Sharma, learned Panel Lawyer for the respondent/State.

They are heard. Perused the case diary / challan papers.

This is applicant’s second bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.211/2021

registered at Police Station Kanadia, Distt. Indore (MP) for offencepunishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. Theapplicant is in custody since 22/11/2021.

His earlier bail application M.Cr.C. No.24417/2021 was allowed by thisCourt on 20/5/2021 temporarily for a period of six months and he has dulysurrendered after completion of aforesaid period on 22/11/2021, certified copyof which is also placed on record.

The allegation against the applicant is that he along with other co- accused person Naveen was found in possession of 65 bulk litre ofunauthorised liquor. Counsel has submitted that charge sheet has already beenfiled. It is further submitted that not a single witness has been examined tillnow and final conclusion of the trial is likely to take sufficient long time.Learned counsel for applicant has submitted that so far as the other caseu/S.302 of the IPC is concerned, it is still pending and was registered in theyear 2018. So far as Excise Act is concerned, no other case has beenregistered, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed theprayer and submitted that due to the criminal antecedence of the applicant, nocase is made out for grant of bail. However, it is not denied that after theapplicant was released on bail, no other case has been registered against him.

Having consideration rival submissions, perusal of the case diary andtaking note of the period of incarceration and the fact that minimum of oneyear sentence is prescribed in the case and the final conclusion of the trial islikely to take sufficient long time, without reflecting anything on the merits ofthe case, the application filed by under Section 439 of Cr.P.C. on behalf of theapplicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing apersonal bond in the sum of Rs.1,00,000/- (rupees one lakh) with one solventsurety of the like amount to the satisfaction of the trial Court for his/her regularappearance before the trial Court during trial with a condition that he / sheshall remain present before the court concerned during trial and shall alsoabide by the conditions enumerated under Section 437 (3) Criminal ProcedureCode, 1973.

Looking to the criminal antecedence of the applicant, it is also directedthat the applicant shall mark his presence before the concerned police stationon every Sunday, failing which this order shall stand cancelled.

It is made clear that if the applicant is again found to be involved in anyother offence during the trial, this order shall stand cancelled automaticallywithout reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

vm

(Subodh Abhyankar)

Judge

Digitally signed by VARGHESE MATHEW Date: 2021.12.31 09:13:10 -08'00'