Madhya Pradesh High Court
Tarun Maid vs The State Of Madhya Pradesh on 2 November, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-19027-2017
(TARUN MAID Vs THE STATE OF MADHYA PRADESH)
sh
2
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Jabalpur, Dated : 02-11-2017
ad
Shri Manish Datt, learned Senior counsel with Shri T.P. Jaiswal,
learned counsel for the applicant.
Pr
Shri Aditya Jain, learned Dy. Government Advocate for the
a
hy
respondent/State.
Heard.
ad This is first bail application filed on behalf of the applicant M under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 06/10//2017 in connection with of Crime No.418/2017 registered at Police Station Kundipura, District rt Chhindwara (M.P.) for the offence punishable under Section 34(2) of ou M.P. Excise Act.
It is alleged that 56.73 bulk liters of illicit liquor have been C seized from the possession of applicant. h Learned counsel for the applicant submits that applicant is ig innocent, he has been falsely implicated in this case. It is further H submitted that the offence is triable by Judicial Magistrate, First Class and trial will take long time to conclude. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, Government Advocate for the respondent/State opposes the bail application..
After hearing arguments of the parties and looking to the facts and circumstances of the case, despite bar under Section 59-A(ii) of the M.P. Excise Act and in view of the law laid down in Banshi Lal Vs. State of M.P., [2003(2) MPLJ 369], I am of the considered view that it would be appropriate to release the applicant on bail, therefore, sh without commenting on the merits of the case, application of the e present applicant namely, Tarun Maid under Section 439 of the ad Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing Pr bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) a with one surety of the same amount, to the satisfaction of the JMFC hy concerned or CJM for his appearance before them on the dates given ad by the concerned Court. It is directed that applicant shall comply the provisions of Section 437(3) of Cr.P.C.
M Certified copy as per rules.
of (H.P. SINGH) rt JUDGE ou C h ig sp H