Madhya Pradesh High Court
Gajju @ Gajendra Singh vs The State Of Madhya Pradesh on 29 July, 2019
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
M.Cr.C No.30795/2019
(Gajju Vs. State of M.P.)
-1-
Indore, Dt. 29.07.2019
Shri Ashish Gupta, counsel for the applicant.
Shri Vineet Hardia, counsel for the respondent/State.
This is third application under Section 439 Cr.P.C for grant of bail in connection with Crime No.126/2018 registered at Police Station - Badavada, District Ratlam for commission of offence punishable under Sections 468, 471, 473, 476 of IPC and sec. 34(2) of the M.P.Excise Act.
As per prosecution story, the applicant and co- accused Jaswant Singh were found involved in preparation of spurious liquor; mis-branding it; and recovered 280 bulk liters of spurious liquor. Hence, the case has been registered against him.
Learned counsel for the applicants submits that applicant is innocent and he has falsely been implicated in the present crime. 280 bulk liters liquor is alleged to have been seized from the possession of the applicant and co- accused Jaswant. Investigation is over, chargesheet has been filed and conclusion of trial will take sufficient long time. Some witnesses have been examined before the trial court and they have not supported the prosecution story and turned hostile. Applicant is in jail since 6.7.2018. He has completed almost one year in jail, which is prescribed minimum sentence for the aforesaid offence. There is no possibility of his absconsion or tampering with the evidence. In these circumstances, learned counsel prays for grant of bail to the HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.30795/2019 (Gajju Vs. State of M.P.) -1- applicant.
Learned counsel for state submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, however without commenting on merits, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only), with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S.K.Awasthi) Judge mk Digitally signed by MUKTA KAUSHAL Date: 2019.07.29 13:33:02 +05'30' HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.30795/2019 (Gajju Vs. State of M.P.) -1-