Madhya Pradesh High Court
Sourabh Sen vs The State Of Madhya Pradesh on 13 September, 2017
MCRC-14445-2017
(SOURABH SEN Vs THE STATE OF MADHYA PRADESH)
13-09-2017
Shri Ghanshyam Sharma, learned counsel for the
applicant.
Shri Vijay Soni, learned Panel Lawyer for the
respondent-State.
Heard.
This is the First application under Section 439 of the Cr.P.C. has been filed by the applicant in connection with Crime No. 393/2017 registered at Police Station Chhola Mandir, District Bhopal for the offence punishable under Section 34 (2) of the M.P. Excise Act.
Learned counsel for the applicant submits that applicant has not committed any offence and he has falsely implicated in the offence. He submits that the charge- sheet has already been filed. No previous antecedent is reported against the applicant. It is alleged that the applicant was allegedly carrying 54 bulk liters of country made liquor and the liquor has been seized from his possession. The applicant is in custody since 17.08.2017 and the conclusion of trial would likely to take long time, hence prayed for release of the applicant on bail. On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available to connect the applicant with the offence in question.
After hearing learned counsel for the parties considering the facts and circumstances of the case and looking to the quantity of seized liquor and as to the fact that no previous antecedent was reported against the present applicant, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with separate surety in the like amount to the satisfaction of the concerned C.J.M./trial court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant
1. The applicant will comply with all the terms and conditions of the bond executed by his;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which is is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE dixit