Madhya Pradesh High Court
Ram Prakash Singh vs The State Of Madhya Pradesh on 3 August, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 3rd OF AUGUST, 2022
MISC. CRIMINAL CASE No. 30065 of 2022
Between:-
RAM PRAKASH SINGH S/O BEJNATH SING,
AGED ABOUT 53 YEARS, OCCUPATION:
FARMER R/O VILLAGE KRISHNAGADH, POLICE
STATION AMARAPATAN, DISTRICT SATNA
(M.P.) (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAVINANDAN DWIVEDI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
EXCISE CIRCLE NO.1 SATNA SHIVRAJPUR,
BLOCK NAGOD, DISTRICT SATNA (M.P.)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ADITYA NARAYA GUPTA, GOVERNMENT ADVOCATE)
This third bail application coming up for hearing on admission this
day, the court passed the following:
ORDER
This is third bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Ram Prakash Singh, who is in custody since 08.09.2021 in connection with Crime No.221/2021 registered at Police Station Excise Circle No.1, Satna, District Satna (M.P.) for the offence punishable under Sections 34(1)(K-A), 34(2) of M.P. Excise Act, 1915.
First bail application of the applicant was dismissed as withdrawn with Signature Not Verified SAN liberty to renew prayer once co-accused is arrested and brought to book vide Digitally signed by MOHD TABISH KHAN Date: 2022.08.03 17:08:19 IST order dated 19.01.2022 in M.Cr.C. No.54717/2021 and second bail application 2 was dismissed on merits vide order dated 13.04.2022 in M.Cr.C. No.17088/2022.
Learned counsel for the applicant submits that liquor was seized from an open place. Applicant is in custody since 08.09.2021 for about 11 months. Trial is moving on a snail pace only two witnesses have been examined till date. Maximum punishment is 3 years with maximum fine of Rs.1,00,000/- (Rupees One Lakh Only). Witnesses of seizure have been examined and there are no chances of tempering with the evidence by the applicant. Investigation is complete and charge-sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Shri Aditya Narayan Gupta, learned Government Advocate for the State opposes the prayer for grant of bail.
Taking all these facts into consideration and also the fact that applicant is in custody since 08.09.2021 for about 11 months and trial will take considerable time for its conclusion, without commenting anything on merits of the case, this bail application is allowed.
It is directed that applicant-Ram Prakash Singh be released on bail on his furnishing a personal bond to the tune of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Signature Not VerifiedThis order shall be effective till the end of the trial, however, in case of SAN bail jump and breach of any of the pre-condition of bail, it shall become Digitally signed by MOHD TABISH KHAN Date: 2022.08.03 17:08:19 IST ineffective.
3I n view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2022.08.03 17:08:19 IST