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Judgment
Subodh Abhyankar, J
This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with
Crime No.461/2021 registered at Police Station Alot, District Ratlam (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise
Act, 1915. His earlier first application Miscellaneous Criminal Case No.64443/2021 was rejected as withdrawn by this Court vide order dated
30.12.2021 with a liberty to renew the prayer after completion of three months’ of incarceration.
The applicant is in custody since 09.11.2021.
The allegation against the applicant is that he was found in possession of 60 bulk liters of unauthorized liquor.
Counsel for the applicant has submitted that there are nine criminal cases registered against the applicant and almost all of them have been registered
for offence under Sections 323, 506 and 324 of IPC couple with cases under Section 25 of the Arms Act, 1959; and no case under the provisions of
MP Excise Act has been registered against the applicant.
Counsel for the applicant has submitted that the applicant is in jail since 09.11.2021, therefore, it is prayed that the application be allowed and the
applicant be released on bail.
Learned counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that no case under Section 34 (2) of
the MP Excise Act, 1959 has been registered against the applicant. On due consideration of the rival submissions and on perusal of the case diary and
taking note of the fact that the applicant is lodged in jail since more than three months and the quantity seized which is 60 bulk liters of unauthorized
liquor and no case under Section 34 (2) of the MP Excise Act has been registered against the applicant and the final conclusion of the trial is likely to
take sufficiently long time, this Court finds force with the contention raised by the counsel for the applicant.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be
released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the
satisfaction of the Trial Court for his appearance as and when directed. The applicant shall be abide by the conditions as enumerated under Section
437(3) of Cr.P.C.
It is made clear that, after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand
cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.
Certified copy, as per rules.