Madhya Pradesh High Court
Sanjay Singh Gurjar vs The State Of Madhya Pradesh on 23 May, 2016
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M.Cr.C. No. 5851/2016
(Sanjay Singh Gurjar vs. State of M.P.)
23/05/2016
Shri Arvind Kumar Dwivedi, learned counsel for the
applicant.
Ku. Sudha Shrivastava, learned Panel Lawyer for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Sirol, District Gwalior in connection with Crime No.98/2016 registered in relation to the offence punishable u/S 34 (2) of Excise Act.
Learned counsel for the applicant submits that the applicant is in jail since 10.05.2016 and 54 bulk litres of liquor has been seized from his possession. It is further submitted that the offence is triable by Magistrate.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Taking into the fact that the offence is triable by Magistrate as well as the period of detention, I deem it appropriate to enlarge the applicant on bail.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.
-2-Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Chief Judicial Magistrate for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(ALOK ARADHE) VACATION JUDGE (alok)