Madhya Pradesh High Court
Santosh Hada vs The State Of Madhya Pradesh on 10 December, 2015
M.Cr.C. No.11068/2015
10.12.2015
Shri BL Yadav, learned counsel for the applicants.
Shri Bhuvan Deshmukh, learned counsel for the
respondent /State.
Case diary is available.
This is first application filed by the applicants under section 439 of the Code of Criminal Procedure for grant of bail.
The accused/applicants were arrested by the Police Station - Heera Nagar, District - Indore in Crime No.669/2015 under section 34(2) of MP Excise Act for keeping in their possession jointly 63 bulk liters of contraband country liquor without any licence.
Learned counsel for the State opposed the bail application on the ground that against applicant No.1 Santosh Hada, there are four criminal cases pending in various provisions of IPC including one case under section 399 and 402 of IPC and against applicant No.2 Sachin, one case is pending under section 379 and 506 of IPC.
Arguments heard, case diary perused. Learned counsel for the applicants submits that if granted bail, present applicants will not indulge in any kind of criminal activities.
Taking into consideration the facts and circumstances of the case and also the undertaking given by counsel for the applicants, 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 applicants shall be released on bail subject to the aforesaid condition and on their furnishing a personal bond of Rs.30,000/- (Rs. Thirty Thousand only) each and one solvent surety each of the like amount to the satisfaction of the concerned Magistrate for their appearance on all the dates of hearing as may be directed in this regard during trial.
They are further directed that on being so released on bail, they 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/-