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Judgment
B. K. Shrivastava, J
Heard on application filed under Section 439 of Cr.P.C. filed on 08.05.2021 on behalf of Ramkali Saket and Shiv Prasad Saket who are confined in
custody since 14.04.2021 in connection with the Crime No. 115/2021 registered at Police Station, Landhadol, District Singrouli for the offence
punishable under Section 34 (2) of M.P. Excise Act.
It appears from the record that total 75 bulk liters of country made liquor made from Mahua has been seized from the house of the both applicants.
They were in conscious possession of the aforesaid liquor.
It is pointed out by the State that previously two cases under Excise Act have been registered against applicant No. 2 Shiv Prasad Saket which are
crime No. 75/2018 and 12/2018. It is also submitted by the State that previously Crime 2309/2020 under the Sections 294, 323, and 506 was registered
against the applicant No.1 Ramkali Saket.
Therefore, it appears that this is the 3rd offence under Excise Act of the applicant No.2 Shiv Prasad Saket. Therefore, he is not entitled to get the bail.
As for as applicant No.1 Ramkali Saket is concerned this is the first case against her under Excise Act. She is a lady, aged about 35 years and is
confined in custody since 14.04.202. More than two months passed.
Therefore, after consideration, the application partly dismissed in reference to applicant No.2 Shiv Prasad Saket and application is allowed in
reference to applicant No.1 Ramkali Saket. It is ordered that applicant No.1 Ramkali Saket be released on bail upon her furnishing a bail bond in the
sum of 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 from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned
authority.