Madhya Pradesh High Court
Nandu vs The State Of Madhya Pradesh on 28 November, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 28 th OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 51998 of 2023
BETWEEN:-
NANDU S/O MANSINGH BHILALA, AGED ABOUT 32
YEAR S, OCCUPATION: LABOUR R/O VILLAGE KOHA
CHANDIYA FALIYA TEHSIL KATHHIWADA DISTT.
ALIRAJPUR (MADHYA PRADESH)
.....APPLICANT
(SHRI ADITYA SINGH TOMAR, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION NOGAON DISTT.
DHAR (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(SHRI SACHIN JAISWAL, PANEL LAWYER)
This application coming on for order this day, th e Court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.407/2023 dated (not mentioned) registered at Police Station - Nogaon, District Dhar (M.P.) for commission of offence punishable under Sections 34(2) of M.P. Excise Act.
2. Prosecution story, in brief, is that on 19.09.2023, the police had seized 2073.600 bulk litres of illicit liquor from a sleeper bus bearing registration No.GJ-01-CU-4444. It was found that the aforesaid liquor was of the co-
Signature Not Verified Signed by: GEETA PRAMOD Signing time: 29-11-2023 11:00:10 2accused persons namely, Ashwin, Suresh, Ravi and Sanjay.
3. Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement given by co-accused persons. No liquor was seized from the possession of the present applicant. The offence is exclusively triable by the Judicial Magistrate First Class. Applicant is in custody since 17.10..2023. Co-accused Ravi has already been enlarged on bail vide order dated 21.11.2023 passed by this Court in MCRC No.46542/2023. After completion of investigation, charge-sheet has been filed. Applicant has no criminal antecedents. Conclusion of trial will take sufficient long time for its disposal therefore, prayer is made for grant of bail to the applicant.
4. On the other hand, counsel for the State has opposed the prayer and prayed for rejection of the application.
5. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail hence, the application is allowed.
6. It is directed that the applicant - Nandu shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Signature Not Verified Signed by: GEETA PRAMOD Signing time: 29-11-2023 11:00:10 38. With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE gp Signature Not Verified Signed by: GEETA PRAMOD Signing time: 29-11-2023 11:00:10