Madhya Pradesh High Court
Shankar Singh God vs The State Of Madhya Pradesh on 2 July, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 MCRC-24985-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 2 nd OF JULY, 2024
MISC. CRIMINAL CASE No. 24985 of 2024
(SHANKAR SINGH GOD
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(Shri G.S. Rajput - Advocate for the applicant)
(Shri K.V.S. Rao - Panel Lawyer for the State)
ORDER
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No. 133/2024 dated 19.2.2024 registered at Police Station Budhar, District Shahdol for the offence punishable under Section 34(2) of the M.P. Excise Act and Section 25(1)(b) of the Arms Act.
2. As per the case of the prosecution, about 62 bulk liters of country made liquor and a Baka are alleged to have been seized from the possession of the applicant.
3. The counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that no case under the provisions of Section 34(2) of the M.P. Excise Act was registered against the applicant in past. The applicant is in custody since 19.2.2024 and trial would take considerable time to conclude, therefore, the applicant be released on bail.
4. The counsel for the State has opposed the application and submitted that the applicant is a habitual offender. Previously also four cases have been registered against him. Therefore, looking to the quantity of liquor seized in the Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 7/3/2024 12:43:19 PM 2 MCRC-24985-2024 present case as well as criminal antecedents, the applicant is not entitled to be released on bail.
5. Heard the submissions advanced on behalf of the parties and perused the case.
6. Considering to the totality of the facts and circumstances of the case, the applicant is in custody since 19.2.2024 and no case under the provisions of Section 34(2) of the M.P. Excise Act was registered against the applicant in past, this Court finds it to be a fit case to release the applicant on bail. Therefore, without commenting on the merit of the case, the application is allowed.
7. It is directed that the applicant Shankar Singh God shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.
8. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 7/3/2024 12:43:19 PM