Madhya Pradesh High Court
Pawan Rathore vs The State Of Madhya Pradesh on 11 March, 2019
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.9983/2019
(Pawan Rathore Vs. State of M.P.)
Gwalior, dated : 11.03.2019
Shri Tapendra Sharma, learned counsel for the applicant.
Shri R.S. Bansal, learned Deputy Public Prosecutor for
the respondent/State.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 01.02.2019, in connection with Crime No.19/2019, registered at Police Station Amola, District-Shivpuri, for the offence under Section 34(2) of M.P. Excise Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. As per prosecution case, 50 bulk liters of country made liquor alleged to have been seized from the possession of the applicant. Applicant is in custody since 01.02.2019 and trial would take considerable time to conclude. He undertakes to cooperate in the trial as well as in the investigation as and when required, and not to commit any offence of same nature. Therefore, applicant prayed for grant of bail.
Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case diary.
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THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9983/2019 (Pawan Rathore Vs. State of M.P.) Considering the submissions advanced by both the parties, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only), with a solvent surety of the like amount to the satisfaction of Trial Court concerned.
This order shall remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant shall comply with all the terms and conditions of the bond executed by him;
2. The applicant shall cooperate in the investigation/trial, as the case may be;
3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant shall not seek unnecessary adjournments during the trial; and
6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9983/2019 (Pawan Rathore Vs. State of M.P.) Rashid RASHID KHAN 2019.03.11 18:42:50 +05'30'