Madhya Pradesh High Court
Manoj Pal vs The State Of Madhya Pradesh on 1 May, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.16219/2019
(Manoj Pal Vs. State of M.P.)
Gwalior, dated : 01.05.2019
Ms.Kiran Singh, learned counsel for the applicant.
Shri Kamlesh Kori, learned Public Prosecutor for the
respondent/State.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 28.03.2019, in connection with Crime No.216/2019, registered at Police Station Janakganj, District- Gwalior, for the offence punishable under Sections 49 (a) of M.P. Excise Act.
It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. Only allegation is in respect of possession of 5 ltrs. of illicit liquor which was unfit for human consumption. Maximum sentence which can be awarded in the case in hand is two years and minimum is two months. Confinement since 28.03.2019 amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. If FSL report ultimately comes against the applicant then applicant is ready to surrender himself. Under these circumstances, he prayed for grant of bail.
Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.16219/2019 (Manoj Pal Vs. State of M.P.) diary.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on 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 concerned.
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 him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.16219/2019 (Manoj Pal Vs. State of M.P.) of the trial Court/Investigating Officer, as the case may be.
It is directed that in case it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerning trial Court immediately and if he does not surrender, then the trial Court shall be at liberty to take him into custody.
A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.
(Anand Pathak) Judge Rashid RASHID KHAN 2019.05.01 18:33:07 +05'30'