VIRENDRA S/o RAKESH RATHORE vs STATE OF MADHYA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 604

SANJAY DWIVEDI
VIRENDRA S/o RAKESH RATHORE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent

ORDER : – This first application under section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 8-9-2022 in connection with Crime No. 142/2022 registered at Police Station Excise Circle Itarsi, District Narmadapuram (M. P.) for the offence punishable under section 34(1) and 34(2) of M. P Excise Act.

2. As per prosecution case, the applicant was found in illegal possession of 54 bulk litres of country-made liquor, for which he had no licence or permit.

3. Learned counsel for the applicant submits that the applicant is in jail since 8-9-2022. He submits that the applicant has no criminal past relating to Excise Act and that the offence is triable by the Court of Judicial Magistrate First Class and trial would take time to be concluded. On these grounds, he prays that the applicant may be enlarged on bail.

4. In contrast, learned counsel for State has opposed the bail application and prays for its dismissal.

5. Considering the overall facts and circumstances of the case, I am inclined to grant bail to the applicant. However, without commenting anything on merits, application is allowed.

6. It is directed th

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