Pravin Rakde vs The State Of Madhya Pradesh on 12 December, 2023

[Cites 3, Cited by 0]

Madhya Pradesh High Court

Pravin Rakde vs The State Of Madhya Pradesh on 12 December, 2023

Bench: Vishal Dhagat

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                   ON THE 12 th OF DECEMBER, 2023
               MISC. CRIMINAL CASE No. 54505 of 2023

BETWEEN:-
PRAVIN RAKDE S/O TARACHAND RAKDE, AGED ABOUT
24   YEARS, OCCUPATION: HOTEL BUSINESS R/O
VILLAGE   BAKODAPOLICE   STATION   LALBARRA
DISTRICT BALAGHAT (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI S.G. GOSWAMI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION LALBARRA DISTRICT BALAGHAT (MADHYA
PRADESH)

                                                             .....RESPONDENTS
(BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.511/2023 registered at Police Station-Lalbarra, District-Balaghat (MP) for the offence under Section 34(2) of the MP Excise Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 28.11.2023. Applicant is innocent and has falsely been implicated in the case. It is submitted that offence committed by applicant is triable by Judicial Magistrate First Class. He has not previously been convicted under 2 Excise Act, therefore, offence under Section 34(2) of the MP Excise Act will not be made out. Applicant is first time offender. In these circumstances, he prayed that applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant is having criminal antecedent and same relates to offence punishable under Indian Penal Code and not under MP Excise Act.

4. Heard the counsel for the parties.

5. Considering aforesaid facts and circumstances of the case and also the fact that offence committed by applicant is triable by Judicial Magistrate First Class and there is no previous conviction of applicant under MP Excise Act, without commenting on the merits of the case, bail application stands allowed.

6. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, 3 threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE $A Digitally signed by SHABANA ANSARI Date: 2023.12.13 14:18:22 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court