Madhya Pradesh High Court
Rajesh Sarathe vs The State Of Madhya Pradesh on 22 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-2677-2018
(RAJESH SARATHE Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 22-01-2018
Mr.Sourabh Bhusan Shrivastava, learned counsel for the applicant.
Mr.A.S.Pathak, learned Government Advocate for the respondent-state.
Heard.
sh This is first bail application filed on behalf of the applicant under Section 439 of Code of Criminal Procedure.
e ad The applicant is in custody since 31/12/2017 in connection with Crime No.01/2018, registered at Police Station Babai District Hoshangabad(M.P.) for Pr the offences punishable under Section 34(2) of M.P.Excise Act. As per prosecution, on the information of informant on 31/12/2017 a hy police stopped Maruti Van and during search it was found that one person who was sitting in that vehicle fled away from the spot and ad applicant was taken into custody. It is further allleged that 108 bulk M litres country made liquor has been sezied from the possession of the applicant. Applicant stated the name of the person who fled away from of the spot as Ajay Kuchbandhia.
rt Learned counsel for the applicant submits that applicant is innocent and ou he has been falsely implicated in this case. It is further submitted that the offence is triable by Judicial Magistrate, First Class and trial will take C long time to conclude. He is ready to furnish bail as per the order, h ig abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. H Per-contra, Government Advocate for the respondent-State opposes the bail application.
After hearing arguments of the parties and looking to the facts and circumstances of the case, despite bar under Section 59-A(ii) of the M.P. Excise Act and in view of the law laid down in Banshi Lal Vs. State of M.P., [2003(2) MPLJ 369], I am of the considered view that it would be appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, application of the present applicant namely, Rajesh Sarathe under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that the applicant be released on bail on his furnishing bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the same amount, to the satisfaction of the JMFC concerned or CJM for his appearance before them on the dates given by the concerned Court. It is directed that applicant shall comply the provisions of Section 437(3) of Cr.P.C. Certified copy as per rules.
(H.P. SINGH) sh JUDGE e ad S /- Pr a hy SUSHMA KUSHWAHA 2018.01.29 12:05:12 +05'30' ad M of rt ou C h ig H