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2022 Supreme(MP) 1154

PRANAY VERMA
Shushila Bai – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Praveer Porwal, Advocate, Shadab Ali, Advocate, Ajay Raj Gupta, Advocate
Final Result : Allowed

JUDGMENT

Pranay Verma, J. - They are heard. Perused the case diary /challan papers.

2. This is the First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.608/2022 registered at Police Station Excise Circle Bombay Bazar, District Indore (MP) for offence punishable under Sections 34(1)(A), 34(2) of the M.P. Excise Act.

3. The applicant is in custody since 14.11.2022.

4. The allegation against the applicant is that from the possession of applicant 76.50 bulk litre unauthorized country made liquor has been seized.

5. Counsel for the applicant submits that she has not committed any offence alleged by the prosecution. She is in jail since 14.11.2022. Investigation is complete and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to be insufficient against her. Therefore, the applicant be released on bail.

6. Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of the application.

7. After considering the rival submissions made by the learned counsel for the parties and going through the ca

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