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2022 Supreme(MP) 1221

SUBODH ABHYANKAR
Mahesh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Manish Yadav, Advocate, Mukesh Sharma, Advocate
Final Result : Allowed

JUDGMENT

Subodh Abhyankar, J. - They are heard. Perused the case-diary.

2. This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.545/2022 registered at Police Station - Haatpipaliya, District - Dewas(MP) for offence punishable under Section 34(2) of M.P. Excise Act. The applicants are in custody since 30.10.2022.

3. The allegation against the applicant is that he was also involved in the aforesaid case wherein 56 bulk litres of unauthorized liquor has been seized from the joint possession of co-accused Mahesh and Rajesh.

4. Counsel for the applicant has submitted that the applicant is in jail since 30.10.2022 and he has completed more than two months in custody. It has been further submitted that charge sheet has been filed and conclusion of trial is likely to take sufficient long time. Thus it is submitted that he may kindly be enlarged on bail.

5. Counsel for the respondent/State, on the other hand, has opposed the prayer, however, it is admitted that there are no criminal antecedents against the applicant in the case diary.

6. Having considered rival submissions and on perusal of the cas

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