Deepak Koli vs The State Of Madhya Pradesh on 2 February, 2022

[Cites 3, Cited by 1]

Madhya Pradesh High Court

Deepak Koli vs The State Of Madhya Pradesh on 2 February, 2022

Bench: Sanjay Dwivedi

                                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                               ON THE 2nd OF FEBRUARY, 2022

                                                       MISC. CRIMINAL CASE No. 1862 of 2022

                                               Between:-
                                               DEEPAK KOLI S/O NARAYAN KOLI , AGED
                                               ABOUT 22 YEARS, OCCUPATION: LABOUR
                                               TITGAAONKALA P.S. SHIKARPURA TEHSIL
                                               NEPANAGAR,    DISTRICT   BURHANPUR
                                               (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                                               (By Mohd. Mohsin Wali, Advocate)

                                               AND

                                               THE STATE OF MADHYA PRADESH THROUGH
                                               AARAKSHI KENDRA SHIKARPURA AARAKSHI
                                               KENDRA       SHIKARPURA      DISTRICT
                                               BURHANPUR (M.P) (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                               (By Shri A.K.Shukla, Panel Lawyer )
                                                             (Heard through Video Conferencing)
                                             This application coming on for admission this day, the court passed
                                      the following:
                                                                             ORDER

T his first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.04/2022 registered at Police Station Shikharpura District Burhanpur for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per the case of prosecution, the applicant was found in possession of 60 bulk liters of illegal liquor.

Learned counsel for the applicant submits that the applicant is in jail s ince 02.01.2022. He submits that the offence is triable by the Judicial Magistrate First Class and the trial would take time to conclude. On these submissions, he prays for grant of bail to the applicant.

Per contra, Panel Lawyer opposes the submission and prays for its Signature Not Verified SAN rejection.

Digitally signed by SUSHMA KUSHWAHA Date: 2022.02.04 11:43:10 IST 2

Considering the aforesaid, though the bail application is opposed by the counsel for the State, I am inclined to consider and allow the bail application. Accordingly, without commenting anything on the merits, this bail application is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.80,000/- (Rupees Eighty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE sushma Signature Not Verified SAN Digitally signed by SUSHMA KUSHWAHA Date: 2022.02.04 11:43:10 IST

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Madhya Pradesh High Court