Madhya Pradesh High Court
Sukhendra Kol vs The State Of Madhya Pradesh on 6 September, 2019
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-36485-2019
The High Court Of Madhya Pradesh
MCRC-36485-2019
(SUKHENDRA KOL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-09-2019
Shri A.S. Parihar, learned counsel for the applicants.
Shri C.B. Singh, learned Government Advocate for the
respondent/State.
Heard. Perused the case diary.
This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 445/2019 registered at P.S. Nagod, District - Satna (M.P.) for the offence punishable under section 34 (2) of M.P. Excise Act.
As per the prosecution story, applicants have been found in possession of 60 bulk liters of illicit liquor jointly.
Learned counsel for the applicants submits that applicants are innocent and they are in custody since 13/08/2019. It is further submitted that applicants are the first offender and no other case for the similar nature of offence has been registered against them. Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicants' absconding and tampering with the prosecution evidence and their further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicants on bail.
Learned Government Advocate opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application however, conceded the fact that applicants have no criminal antecedents.
Looking to the facts and circumstances of the case alongwith the quantity of liquor seized from the joint possession of applicants and the fact that no other case for the similar nature of offence has been registered against them, this application is allowed without commenting anything on the merits of the case. It is ordered that the applicants/accused Sukhendra Kol and Gyanendra Bagri be released on bail on their furnishing a personal bond for Digitally signed by NAVEEN NAGDEVE Date: 06/09/2019 22:29:03 2 MCRC-36485-2019 the sum of Rs.60,000/- (Rs. Sixty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the trial;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit any offence during the entire period of bail.
5. The applicants will not seek unnecessary adjournments during the trial;
6. The applicants will not leave India without previous permission of the trial Court;
7. The applicants shall inform the Court about their address and residence in case the applicants move out from their permanent address for any point of time; and
8. The applicants shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified copy on payment of usual charges.
(AKHIL KUMAR SRIVASTAVA) JUDGE Digitally signed by NAVEEN NAGDEVE Date: 06/09/2019 22:29:03 3 MCRC-36485-2019 navin Digitally signed by NAVEEN NAGDEVE Date: 06/09/2019 22:29:03