Shahin And Others vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first bail application filed by the applicants under Section 439 of the Cr.P.C.

Learned counsel for the applicants does not want to press the application for applicant No.1 Shahin. Hence, the application is dismissed as not

pressed.

Heard only on the application for applicant No.2 Sunil @ Shanu.

The applicant is in custody since 05.05.2021 in connection with Crime No.259/2021 registered at P.S. Kundipura, District-Chhindwara (MP) for the

offence punishable under Sections 34 (2) of the M.P. Excise Act, 1915 and Section 188 of IPC.

The allegation against the applicant No.2 is that he is involved in selling illegal country made liquor.

Learned counsel for the applicant submits that the applicant has been falsely implicated on the basis of memorandum of co-accused Shahin from

whose possession 53.3 liters of country made liquor was seized. It is submitted that he is the permanent resident of District Chhindwara and there is

no likelihood of his absconding. The trial will take a long time to conclude due to Covid-19 Pandemic, hence, he may be released on bail.

Learned Panel Lawyer for the respondent/State though opposed the bail application but fairly submits that there are no criminal antecedents against

the present applicant.

Considering the aforesaid and without adverting to the merits of the case, this application is allowed.

It is directed that applicant No.2 Sunil @ Shanu 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/committal Court for his appearance on the dates given by the

concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him.

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency o f the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the learned Panel Lawyer, on their respective

email addresses for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.

Certified copy/e-copy as per rules/directions.