Criminal Case No. 34215 of 2022 · Madhya Pradesh High Court
Case at a glance
- Bench
- ANAND PATHAK
Outcome
Allowed
application is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- M.P. Excise Act ss. 34(2), 47(A)
Key paragraphs
- Para 66. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information. Certified copy as…
Judgment
(BY SHRI ROHIT MISHRA - ADDITIONAL ADVOCATE GENERAL) .....RESPONDENT This application coming on for hearing this day, the court passed the following: ORDER The applicant has filed this FIRST bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 23.06.2022, by Police Station- Dimni, District- Morena, in connection with Crime No.144/2022 for the offence punishable under Sections 34(2), 47(A) of the M.P. Excise Act. It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since
Operative part
23.06.2022 and trial would take considerable time to conclude. According to 2 the counsel, charge-sheet has already been filed. As per prosecution case, only 69 bulk liters of country made liquor alleged to have been seized from the possession of the applicant. Applicant does not bear any criminal record. Confinement amounts to pretrial detention. Applicant would not commit any offence of same nature. He learnt the lesson hard way and would mend his ways and would become a better citizen. He undertakes to cooperate in trial as well as investigation and would available as and when required. He would not be a source of embarrassment or harassment to the complainant. Under these grounds, he prayed for bail. Learned Additional Advocate General for the State opposed the prayer and prayed for its dismissal. Heard learned counsel for the parties at length and perused the documents appended. Considering the submissions advanced by the learned counsel for the parties and the fact situation, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of trial 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 3 or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit an offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial;
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information. Certified copy as per rules. Rashid RASHID KHAN 2022.07.20 11:20:19 +05'30' 11.0.8 (ANAND PATHAK) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; M.P. Excise Act — ss. 34(2), 47(A).
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.