Sukhlal vs State Of M.P

Subodh Abhyankar, J

This is first bail application filed by the applicant under Section 439 Cr.P.C. for grant of bail during trial.

The applicant is facing trial for an offence punishable under Section 34(2) of the Excise Act registered with Police Station Barwani District Barwani

in Crime no.37/2021. The applicant is in custody since 17/1/2021.

The allegation against the applicant is that the applicant was found in possession of 65 bulk liters of unauthorised country made liquor.

Learned counsel for the applicant has submitted that the investigation is complete and the charge sheet has not been filed and the applicant is in

custody since 17/1/2021 and the final conclusion of the trial is likely to take sufficient long time. It is further submitted that the applicant's father Bhav

Singh has passed away on 6.2.2021 and the death certificate is also on record.

Learned counsel for the applicant has submitted that the applicant be also permitted to perform the last ritual ceremony of his father, therefore, the

application for grant of bail be allowed.

Learned counsel for the State on the other hand has opposed the prayer for grant of bail and has submitted that one more case under Section 34(A) of

the M.P.Excise Act has been registered against the applicant in the year 2019. thus, no case for bail is made out.

Having considered the rival submissions, on perusal of the case diary and taking note of the fact the applicant was found in possession of 65 bulk liters

of unauthorised country made liquour and that the applicant is in jail since 17.1.2021 and looking to the period of incarceration and the fact that his

father has also died on 6.2.2021 and the final conclusion of the trial is likely to take sufficient long time and the earlier case was registered under

Section 34(A) of the M.P. Excise Act in the year 2019, therefore without commencing on the merits of the matter, I am of the considered view that

the application for grant of bail deserves to be allowed and is accordingly 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) with one surety in

the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

If it is found that after being released on bail, if the applicant, again indulgences in any criminal activity, this order shall stand cancelled and the police

shall be entitled to arrest the applicant in the present case also.

Certified copy as per rules.