Madhya Pradesh High Court
Dharath Lodha vs The State Of Madhya Pradesh on 22 January, 2016
1
M.Cr.C.No.13585/2015
Dharath Lodha Vs. State of M.P.
22.01.2016
Shri Ashish Singh, counsel for the applicant.
Shri B.K. Sharma, Public Prosecutor for the
respondent/State.
Heard on I.A.No.236/2016, an application for correction in the memo of bail application. Looking to the technical correction, the application is allowed. Proposed correction be carried out in the memo of bail application during course of the day.
Heard learned counsel for the parties on merit. The applicant is in custody since 07-11-2015 relating to Crime No.564/15 registered at Police Station Kotwali District Guna for the offence punishable under Section 34(2) of M.P. Excise Act.
Learned counsel for the applicant submits that the applicant is a youth of 24 years of age. Few criminal cases were registered against him in past but he has not been convicted in any of them. The case is triable by the Court of JMFC, therefore, it is not so grave. Charge-sheet has already been filed, therefore, presence of applicant is 2 M.Cr.C.No.13585/2015 no more required in the case. Sufficient time will be required in disposal of trial. Applicant cannot be kept in custody for an unlimited period. Applicant assures that he will not flout the provisions of Section 59-A of M.P. Excise Act during pendency of the trial. Under these circumstances, applicant prays for bail on the ground of parity.
Learned Public Prosecutor opposes the bail application and submits that 60 bulk liters liquer was found with the applicant and 27 criminal cases were registered against the applicant in past.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant namely Dharath Lodha be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with two surety bonds each of Rs.25,000/- to the satisfaction of 3 M.Cr.C.No.13585/2015 the trial Court to appear before the trial Court on the dates given by the concerned Court.
During pendency of trial if it is found that the applicant has committed any crime in contravention to the provisions of Section 59-A of M.P. Excise Act then the State is free to move the application for cancellation of bail of the applicant.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K. Gupta) Judge Anil*