Madhya Pradesh High Court
Nilesh @ Ullu vs The State Of Madhya Pradesh on 20 January, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-54617-2019
The High Court Of Madhya Pradesh
MCRC-54617-2019
(NILESH @ ULLU Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 20-01-2020
Ms. Shikha Malik and Ms. Indu Pande, learned counsel for the
applicant.
Shri Ravikant Patidar, learned Panel Lawyer for the respondent/State.
Heard.
This is the first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.
The applicant is in jail since 19.10.2019 in connection with Crime No.419/2019, registered at Police Station-Pandhurna, District-Chhindwara, for the offence under Section 34 (2) of M.P. Excise Act, 1915.
As per the prosecution's case, the applicant was found in possession of 60 bulk liters of hand-made liquor, without having any valid authority or licence.
Learned counsel for the applicant submits the applicant is falsely implicated in the case. Previously no case under the M.P. Excise Act has been registered against the applicant. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. Trial will take considerable time for its disposal, therefore, it is prayed that the applicant be enlarged on bail.
On the other hand, learned Government Advocate for the respondent/State has opposed the application on the ground that the applicant is a habitual offender. 16 criminal cases have been registered against the applicant in the past. In the present case, 60 bulk liters hand-made liquor was seized from the possession of the applicant.
Having heard the learned counsel for the parties and on perusal of case diary, it appears that after filing of the charge-sheet, the applicant is not required for any further investigation. Though he is having a criminal past but Digitally signed by PUSHPENDRA PATEL Date: 23/01/2020 10:38:27 2 MCRC-54617-2019 so far as the present case is concerned, this Court is inclined to release the applicant on bail.
It is directed that applicant Nilesh @ Ullu shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
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.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE pp Digitally signed by PUSHPENDRA PATEL Date: 23/01/2020 10:38:27