Madhya Pradesh High Court
Mangilal @ Mangu vs The State Of Madhya Pradesh on 7 June, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.26486 of 2021
Mangilal @ Mangu S/o Balu Vs. State of M.P.
Indore, Dated:- 07/06/2021
Shri Sanjay Sharma, Counsel for the applicant - Mangilal @
Mangu S/o Balu.
Shri Siddharth Jain, learned Govt. Advocate for the
respondent/State.
They are heard. Perused the case diary /challan papers. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.224/2021 registered at Police Station Industrial Area, Jaora, District Ratlam (MP) for offence punishable under Section 34(2) of M.P. Excise Act.
The applicant is in custody since 12.04.2021. The allegation against the applicant is that he was found in possession of 60 bulk litres of unauthorized liquor.
Counsel has submitted that the applicant has been falsely implicated. He is in jail since 12.04.2021. Investigation is complete. Charge-sheet has been filed. Final conclusion of trial is likely to take sufficient long time. Therefore, the applicant be released on bail.
Counsel for the respondent/State, on the other hand, has opposed the prayer and submitted that as many as 9 criminal cases have been registered against him, out of which 8 cases are under 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.26486 of 2021 Mangilal @ Mangu S/o Balu Vs. State of M.P. Section 34(1)(a) of the M.P. Excise Act and one case is under Section 323, 294 and 506 of IPC in which he has already been acquitted, therefore, no case is made out for grant of bail.
On due consideration of submissions and on perusal of the case-diary, taking note of the fact that the applicant is in jail since 12.04.2021, no case under Section 34(2) of the M.P. Excise Act has been registered against the applicant till date and the other cases are trivial in nature and the final conclusion of the trial is likely to take sufficient long time so also the fresh spread of Covid-19, this Court finds it expedient to allow the present bail application.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present 3 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.26486 of 2021 Mangilal @ Mangu S/o Balu Vs. State of M.P. bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(SUBODH ABHYANKAR) VACATION JUDGE ns NEERAJ SARVATE 2021.06.08 11:55:11 +05'30'