Mahendra vs State Of M.P

Vivek Rusia, J

This is repeat Fourth bail application filed by the applicant under Section 439, Cr.P.C. for grant of bail in connection with Crime No.84/2021, Police-Station-Kasrawad, District-Khargone (M.P.) for commission of the offence under Sections 420, 467 and 468 of the IPC and section 34(2) of M.P. Excise Act.

The details of rejection of earlier bail application of the applicant is as under:-

Bail

Case Number

Date

Result

First

M.Cr.C. No.26022/2021

07/06/21

Dismissed as withdrawn

Second

M.Cr.C. No.36531/2021

27/07/21

Dismissed as withdrawn

Third

M.Cr.C. No.42837/2021

08/09/21

Dismissed.

As per prosecution story, on 11.02.2021 upon discrete information, police intercepted the vehicle bearing registration No. MP-09-CT-2055 and recovered 332.28 bulk liters country made liquor as well as foreign liquor. Applicant and another person were found in the vehicle. The police has also recovered two numbers plats. Accordingly, the police has registered the offence under section 34(2) of M.P. Excise Act and Section 420, 467, 468 of I.P.C.

Learned counsel for the applicant submits that trial under section 34(2) of the M.P. Excise Act is a Magistrate trial but the same has not been completed within six month. The applicant is in jail since last more than 10 months and there is no likelihood of conclusion of the trial within a period of two months by that time the he will complete the minimum jail sentence prescribed for the offence. The applicant is a first offender. After discharge from the charges under section 467 and 468 of the IPC trial was sent back to the magistrate where till 22.11.2021 charges have not been framed. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned panel lawyer for the respondent/State opposses the bail application.

Considering the facts and circumstances, without commenting on the merit of the case, the bail application is hereby allowed. The applicant-Mahendra is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.