Madhya Pradesh High Court
Indar Pal Lodhi vs The State Of Madhya Pradesh Thr on 23 March, 2018
1 MCRC-10732-2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-10732-2018
(Indar Pal Lodhi Vs. State of M.P.)
Gwalior, Dated : 23.03.2018
Shri Rajeev Upadhyay, counsel for the applicant.
Shri B.P.S. Chauhan, Public Prosecutor for the
respondent/State.
Case diary is available.
This is second application under Section 439 of the CrPC for grant of bail. The first application was dismissed as withdrawn vide order dated 5/1/2018 passed in MCRC No. 25754/2017 with liberty to revive after two months.
The applicant has been arrested on 17.11.2017 in connection with Crime No.369/2017 registered by Police Station Pichhore District Shivpuri for offence punishable under Section 34(2) of the Excise Act.
It is submitted by the counsel for the applicant that according to the prosecution case total 1863 litres of country-made liquor has been seized from the joint possession of the applicant and the co-accused persons. The applicant has been falsely implicated. The applicant is in jail for more than four months. The applicant is aged about 28 years and he is the only breadwinner in the family and his incarceration has adversely affected the financial condition of his family. The investigation has been completed and the trial is likely to take sufficiently long time. It is further submitted that the applicant is ready and willing to abide by all the conditions which may be imposed by this Court while granting bail. There is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel 2 MCRC-10732-2018 for the State. It is submitted by the State counsel that the applicant has a criminal history.
Considering the period of detention, facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 2,00,000/- (Rs. Two Lacs Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Pichhore District Shivpuri on 1st and 15th of every month during the pendency of the trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2018.03.23 16:28:40 +05'30'