Vinod And Others vs State Of M.P

Sujoy Paul, J

Regard being had to the similitude of crime number of the offence, on the joint request of the parties, the matters are analogously heard and decided

by this common order.

M.Cr.C No.23971/2021 filed by applicant-Vinod Rathore is the first application and M.Cr.C No.21641/2021 filed by applicant-Rajesh Kanjer is

second application filed under section 439 of the Cr.P.C in crime no.576/2020 under section 34(2) of the Excise Act registered at police station Biaora

City, Rajgarh.

Learned counsel for the applicants submit that both the applicants are first offenders. Challan has been filed. One witness has already entered the

witness box and did not support the prosecution story. The applicants are in custody since October, 2020. Conclusion of trial in this pandemic era will

take time. The matters are triable by Judicial Magistrate First Class. The maximum sentence is 3 years. There is no iota of material to show that the

liquor so seized from the applicants was unfit for human consumption. Hence, they may be enlarged on bail.

The prayer is opposed by the learned counsel for the respondent/State. However, he did not dispute that:-

Challan has been filed.

Applicants have no criminal record.

One seizure witness has turned hostile.

Conclusion of trial in this pandemic era will take time.

Considering the fact that the applicants are first offender and other factors mentioned hereinabove, coupled with the fact that conclusion of trial in

this pandemic era in near future is not possible, without commenting on the merits of the case, I deem it appropriate to allow the present petition.

It is directed that the applicants Vinod S/o Badrilal Rathore and Rajesh S/o Laadsingh Kanjer be released from custody on their furnishing a

personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) each with one solvent surety each of the like amount to the satisfaction of the Trial

Court for her appearance before the Trial Court as and when required. She shall abide by the conditions enumerated under section 437(3) of the

Cr.P.C.

However, it is made clear that if the applicants commits similar offence, the present order shall be treated as canceled automatically on the date

FIR is registered.