Meghnath Kol vs State Of Mp. on 7 September, 2020

[Cites 2, Cited by 3]

Madhya Pradesh High Court

Meghnath Kol vs State Of Mp. on 7 September, 2020

Bench: Nandita Dubey

                                 1

    HIGH COURT OF MADHYA PRADESH : JABALPUR
                M.Cr.C. No. 30495/2020
        (Meghnath Kol and another Vs. The State of M.P. )

PRESENT :

HON. SMT. NANDITA              DUBEY,   J   (THROUGH        VIDEO
CONFERENCING)

Jabalpur, Dated : 07.09.2020


      Shri Arubendra Singh Parihar, learned counsel for the
applicants.
      Shri Sheetal Tiwari, learned Panel Laywer for the
respondent/State.

This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 440/2020 registered at P.S. Nagod, District Satna for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per prosecution, 60 bulk litres of illegal country made liquor alleged to have been seized from the possession of the applicants.

Learned counsel for the applicants submits that applicants have been falsely implicated in this case. The applicants are in custody since 15.08.2020 and the trial would take considerable time to conclude, therefore they be released on bail.

On the other hand, learned Panel Lawyer opposed the bail application and prayed for rejection of the same. However, he fairly submits that there is no criminal antecedents against the present applicants.

Considering the quantity of the liquor seized from the applicants, I am of the view that it is a fit case to enlarge the applicants on bail, therefore, without expressing any view on the merits of the case, this application is allowed.

It is directed that the applicants shall be released on bail on their each furnishing a personal bond in the sum of Rs. 35,000/- (Rupees Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for their presence before the said Court on all the dates of hearing fixed in this regard during the trial.

This order will remain operative subject to compliance of the following conditions :-

"1. The applicants will comply with all the terms and conditions of the bond executed by him.

2. The applicants will cooperate in the investigation/trial, as the case may be;

3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench;

5. The applicants will not seek unnecessary adjournments during the trial;

6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the applicant 3 during period of bail as a consequence of this order."

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr.Sheetal Tiwari, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

Certified copy/e-copy as per rules/directions.

Digitally signed by RAVI SHANKAR SHRIVASTAVA (Nandita Dubey)

Date: 2020.09.07 14:59:58 +05'30' Judge rss

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