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2011 Supreme(MP) 495

2011 (III) MPWN 2
Ajit Singh, J.
Jeetendra Singh
Versus
State of M.P.
Miscellaneous Criminal Case No. 6024 of 2011 (J);
Decided on 12.7.2011.

Advocates Appeared:
Ku. Ashmita Mukhopadhyaya for applicant;
Akhilendra Singh, Government Advocate for State.

Headnote:Criminal P.C., 1973 -- S. 439 -- offence under S. 34 (2) of the M.P Excise Act -- applicant in jail -- he is only truck driver -- he has nothing to do with the excise contract -- bail granted. [Para 4 & 5

       naM izfdz;k lafgrk] 1973 & /kkjk 439 & e-iz- vkcdkjh vf/kfu;e dh /kkjk 34 ¼2½ ds v/khu vijk/k & vkosnd tsy esa & og dsoy Vªd pkyd & vkcdkjh lafonk ls mldk dksbZ ljksdkj ugha & tekur eatwjA

       ¼iSjk 4 ,oa 5½

ORDER

1. This is an application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2. Applicant Jeetendra Singh has been arrested on 15.3.2011 for an offence under section 34 (2) of the M.P. Excise Act, registered at Police Station Baheriya, District Sagar, vide Crime No. 3912011.

3. According to the prosecution case, the police have found that applicant illegally transporting 10719.360 bulk litres of foreign liquor in a truck from Surya Bottling Factory, Sanoudha, Sagar.

4. It is argued on behalf of the applicant that he is only a truck driver and has nothing to do with the excise contract of Liquor Contractor with the State Government. It has also been submitted that applicant is willing to furnish local solvent surety.

5. On due consideration of the facts and circumstances of the case, I deem it proper to grant bail to the applicant. Accordingly, I direct that if he executes a personal bond in the sum of Rs. 30,000/- and furnishes two local solvent sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Sagar, he shall be released on bail. The applicant is directed to appear regularly on each and every date before the trial Court and any default on his part will be a good ground for cancellation of his bail by the trial Court itself.

6. The application is allowed.





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