MCRC/64429/2021 of IRFAN @ PIDDA Vs THE STATE OF MADHYA PRADESH on 30 December 2021

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THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No.64429/2021

(Irfan @ Pidda Vs. State of M.P.)

Indore, Dated:30/12/2021

Shri Yashpal Rathore, 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 first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.326/2021

registered at Police Station Mhow, District Indore (MP) for offencepunishable under Section 49-A of the Madhya Pradesh Excise Act, 1915.

The applicant is in custody since 28/8/2021.

As per prosecution story, the applicant was found in possession of 05

bulk litres of spurious liquor.

Counsel for the applicant has submitted that the applicant is in jail since 28/8/2021 and charge sheet has already been filed. It is furthersubmitted that the offence is triable by Judicial Magistrate First Class andfinal conclusion of the trial is likely to take sufficient long time. So far asthe criminal antecedence of the applicant is concerned, it is submitted thateight other cases have been registered against him and only one case isregistered u/S.49-A of the Excise Act and the other cases are minor innature, therefore, it is prayed that the application be allowed and theapplicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the 2M.Cr.C. No.64429/2021

prayer and has submitted that looking to the criminal antecedence of theapplicant, no case is made out for grant of bail.

Having considered rival submissions, perusal of the case diary andtaking note of the fact that only five bulk ltr of spurious liquor has beenseized from the applicant and its chemical report is also not on record andthe fact that he is in jail since 28/8/2021, without reflecting anything on themerits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing apersonal bond in the sum of Rs.20,000/- (rupees twenty thousand) withone solvent surety of the like amount to the satisfaction of the trial Court forhis/her regular appearance before the trial Court during trial with acondition that he / she shall remain present before the court concernedduring trial and shall also abide by the conditions enumerated under Section437 (3) Criminal Procedure Code, 1973.

Looking to the criminal antecedence of the applicant, it is alsodirected that the applicant shall mark his presence before the concernedpolice station on every Sunday, failing which this order shall standcancelled.

It is made clear that if the applicant is again found to be involved inany other offence during the trial, this order shall stand cancelledautomatically without reference to the Court and the police will be at libertyto 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 09:13:43 -08'00'