PRADESH) v. (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)
Case at a glance
- Bench
- VISHAL DHAGAT
Provisions considered
- Code of Criminal Procedure, 1973 ss. 437(3), 439
- M.P. Excise Act s. 34(2)
Key paragraphs
- Para 55. Considering the facts and circumstances of the case, bail application filed by the applicant is allowed on following conditions : (i) applicant will mark his presence before local police station on first of every month ; (ii) If applicant is found to be involved…
Judgment
JAGDISH S/O SHRI RAMLAL AHIRWAR, AGED ABOUT 30 YEARS, OCCUPATION: LABOUR RESIDENT OF VILL. (MADHYA RAOLI P.S. SENDRI DISTT. NIWADI PRADESH). (BY SHRI SUNIL KUMAR MISHRA - ADVOCATE) AND STATE OF MADHYA PRADESH THROUGH POLICE STATION P.S. SENDRI DISTRICT NIWADI (MADHYA PRADESH). .....APPLICANT (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE) .....RESPONDENT This application coming on for admission this day, the court passed the following: ORDER This is second bail application filed under Section 439 of Cr.P.C. on behalf of applicant who is in jail since 10.04.2023 in connection with Crime No. 101/2023, registered at Police Station Sendri, District Niwadi (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.
Learned counsel appearing for the applicant submitted that first bail application filed by applicant bearing M.Cr.C. No. 21124/2023 was dismissed as withdrawn by order dated 16.06.2023 with liberty to file repeat application after examination of independent seizure witnesses. Said witnesses have already Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 04-08-2023 18:17:33 been examined in Court and are hostile. In these circumstances, applicant be 2 enlarged on bail.
Learned Govt. Advocate appearing for the State opposed the bail application. It is submitted that applicant is having criminal record of 12 cases.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case, bail application filed by the applicant is allowed on following conditions : (i) applicant will mark his presence before local police station on first of every month ; (ii) If applicant is found to be involved in any other offence in future or threatens witnesses of the case, then prosecution will be at liberty to file an application for cancellation of bail granted to him today.
It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with one solvent surety in the like amount to the satisfaction of the trial court.
In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules. (VISHAL DHAGAT) JUDGE Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 04-08-2023 18:17:33
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.