Moolchand Lodhi vs State Of Madhya Pradesh

B. K. Shrivastava, J

Heard upon the application filed under Section 439 of Cr.P.C on 11.05.2021 on behalf of the applicant Moolchand Lodhi, aged about 50 years, who

was arrested on 31.10.2020 in connection with Crime No.366/2020, registered at Police Station Deori, District Sagar (M.P.) for the offence under

Section 34(2) of the M.P. Excise Act.

It is submitted by the applicant's counsel that the applicant is confined in custody for more than six months. Co-accused has been enlarged on bail.

Four witnesses have been examined before the trial Court. The applicant has been implicated upon the basis of the information given by the co-

accused, who was found in possession of the liquor.

On the other side, State strongly opposed the application.

It is submitted by the State that previously 18 cases have been registered against the applicant, out of them 7 cases are under Excise Act, therefore,

he should not be enlarged on bail.

It is true that the applicant having criminal background, but it appears from the record of this case that 54 bulk liters of liquor was seized from the

possession of Shivraj. Co-accused Shivraj has given information that the liquor was handed over to him by Kamlesh and Moolchand Lodhi for the

purpose of sale. Upon the basis of the aforesaid information the applicant has been implicated in this case.

Trial is pending before the trial Court, in which four witnesses have been examined. The applicant is confined in custody since 31.10.2020. The co-

accused Shivraj has already been enlarged on bail. The bail is also granted to another co-accused Kamlesh by this Court.

Therefore, looking to overall circumstances of the case and without commenting upon the merits of the case, the application is allowed. It is directed

that the applicant Moolchand Lodhi shall be released on bail upon his furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand only) and a

personal bond of the same amount to the satisfaction of the trial Court.

At the time of releasing the applicant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the

concerned authorities.

Accordingly, this M.Cr.C stands allowed.

Certified copy as per rules.