MISCELLANEOUS CRIMINAL CASE No. 9255 of 2011 · Madhya Pradesh High Court

Shri T.C. Jain, Advocate for the applicants. Shri Mukesh Parwal, Panel Lawyer for the NA/State. Heard. Case diary perused. This is first application for grant of bail by applicants Arjun and Santosh, who are in custody since 24.10.2011, in connection with Crime No. 584/2011, registered at Police Station Pithampur, district Dhar for an offence punishable under Section 34(2) of M.P. Excise Act, 1915. As per prosecution story, 69.12 bulk litres of country made liquor has been seized from the possession of the applicants, who were travelling in their Alto car. Learned counsel for the applicants submitted that after investigation charge sheet has been filed and the trial will take considerable time. He also submitted that the alleged offence is triable by Judicial Magistrate First Class and looking to the period of custody of the applicants prayer is made to allow this application and released the applicants on bail. On the other hand, learned Panel Lawyer opposed the bail application and prayed for its rejection. Considering that the alleged offence is triable by Judicial Magistrate First Class and looking to the period of custody, without expressing any opinion on the merits of the case the application is allowed and it is directed that they be released on bail subject to their furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) each with one solvent surety in the like amount to the satisfaction of the concerned JMFC/CJM for their appearance before him or trial Court as the case may be on all dates of hearing fixed by the Court concerned in this behalf during trial. Certified copy as per rules. rcs* 2 (P.K. Jaiswal, J.)