Madhya Pradesh High Court
Khumsingh vs The State Of M.P. on 22 October, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-48271-2021 The High Court Of Madhya Pradesh MCRC-48271-2021 (KHUMSINGH Vs THE STATE OF M.P.) Jabalpur, Dated : 22-10-2021 Heard through Video Conferencing.
Shri Santosh Sahu, learned counsel for the applicant. Ms. Seema Pandey, learned Panel Lawyer for the State. Case diary is available.
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 16.09.2021 in connection with Crime No.620/2021 registered at Police Station Aabkari Circle 'A', Khandwa for the offence punishable under Section 34(1)A & 34(2) of the M.P. Excise Act.
As per the case of the prosecution, about 60 bulk liters of country made liquor has been seized from the possession of the applicant.
Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the case. The applicant is a first offender, he has no criminal antecedents. He is in custody and trial will take considerable time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has opposed the application. Considering the overall facts and circumstances of the case, quantity of liquor alleged to have been seized from the possession of the applicant and his custody period, I find it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.
It is directed that applicant - Khum Singh shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty 2 MCRC-48271-2021 Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
It is made clear that if the applicant is found involved in similar offence in future, this order shall cease to have its effect.
(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH KUMAR JYOTISHI Date: 2021.10.22 19:21:41 IST