Madhya Pradesh High Court
Vilas vs The State Of Madhya Pradesh on 29 April, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.19753/2021
(Vilas Vs. State of M. P.)
-1-
Indore, dated 29/04/2021
Shri Vivek Singh, learned counsel for the applicant.
Shri Amit Rawal, learned counsel for the respondent/State.
Heard through video conferencing.
This is second bail application under Section 439 Cr.P.C. by applicant, who has been arrested by Police on 27.11.2020 in connection with Crime No.760/2020, Police Station Sendhwa Excise Circle, District Barwani for offence under Sections 34(2),36,49(A)of M.P. Excise Act.
Earlier bail application was dismissed as withdrawn vide M.Cr.C.No.5418/2021 on 18/02/2021.
2. Heard learned counsel for the parties and perused the case-diary.
3. As per prosecution story, on 27.11.2020 from the house of the applicant police has recovered 200 liters of O.P.Spirit for which he has failed to give any valid explanation. First bail application was dismissed as withdrawn because of his criminal antecedents
4. Learned counsel for the applicant submits that in the year 2018 a case under Section 34(2) of the M.P.Excise Act was registered against the applicant in which he was acquitted vide judgment dated 01.10.2019 by Judicial Magistrate First Class. He had no knowledge about the said acquittal, therefore he withdrew the first bail application. He has undergone a minimum sentence of two months under Section 49 of M.P.Excise Act and there is no progress in the trial. He, therefore, prays for grant of bail.
5. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail.
6. In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.19753/2021 (Vilas Vs. State of M. P.) -2- be appropriate to enlarge the applicant on bail. Accordingly, the application is allowed.
7. It is directed that applicant be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only), with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. It is made clear that applicant shall be in good conduct in future and if it is found that applicant is indulged in any criminal activities, then, his bail shall be treated as cancelled.
8. The trial Court is directed to verify the criminal antecedents of the applicant of similar nature before his release. In case any criminal antecedent of similar nature is found then this bail order shall stand vacated without further reference to this Court
9. Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
(VIVEK RUSIA) JUDGE RJ Digitally signed by REENA JOSEPH Date: 2021.04.30 13:28:56 +05'30'