Madhya Pradesh High Court
Deepak Nagre vs The State Of Madhya Pradesh on 15 November, 2016
MCRC-18667-2016
(DEEPAK NAGRE Vs THE STATE OF MADHYA PRADESH)
15-11-2016
Shri Rahul Tripathi, learned counsel for the applicant.
Shri Puneet Shroti, Panel Lawyer for respondent-State.
Heard.
This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 02.10.2016 in connection with Crime No.215/2016 registered at Police Station Lawaghoghri, District Chhindwara (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act and Sections 66/192, 3/181, 139/192(1) and 146/196 of the Motor Vehicle Act.
It is alleged that 166.66 bulk litres of English liquor has been seized from the possession of the co-accused namely, Pawan, applicant and one other co-accused person, namely Deepak Ghagre, which was being carried in a vehicle namely, Indica Car without any authority.
Learned counsel for the applicant submits that the offence is triable by Judicial Magistrate First Class and trial will take long time to conclude. The applicant 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, learned Panel Lawyer 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 is appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Deepak Nagre be released on bail on his furnishing a bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or CJM for his appearance before them on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(H.P. SINGH) JUDGE GT