Madhya Pradesh High Court
Sunny @ Happy vs The State Of Madhya Pradesh on 27 October, 2015
M.Cr.C. No.9449/2015
27.10.2015
Shri Ratnesh Gupta, learned counsel for the applicant.
Shri Bhuvan Deshmukh, learned counsel for the
respondent /State.
Case diary is available.
This is first application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail.
The accused/applicant was arrested by the Police Station - Aerodrome, District - Indore in Crime No.698/2015 under section 34(2) of MP Excise Act for keeping in his possession 63 bulk liters of contraband country liquor.
Learned counsel for the State opposed the bail application on the ground that there are as many as 12 cases pending against the present applicant apart from the present case, out of which, one is under section 394 of IPC and another is under section 147, 148 of IPC. One case is also pending against him under the MP Excise Act.
Arguments heard, case diary perused.
Learned counsel for the applicant submits that in most of the cases, he is acquitted. He also submits that in case under section 394 of IPC, he was acquitted and he has got certified copy of the judgment. In other cases, which are petty in nature, he is on bail and he is appearing regularly. He further submits that on being released on bail, he will not indulge in any kind of criminal activities whatsoever.
Taking into consideration the quantity of contraband country liquor seized from possession of the present applicant and also the undertaking given by counsel for the applicant, which shall form condition of this bail order, without commenting on the merits of the case, I am of the view that it is a fit case for grant of bail. The application filed under section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail subject to the aforesaid condition and on his furnishing a personal bond of Rs.30,000/- (Rs. Thirty Thousand only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial.
He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
In case of breach of the aforesaid condition of this bail order, the bail order shall be deemed to have been cancelled without reference to this Court.
Certified copy as per rules.
( Alok Verma) Judge Kratika/-