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2022 Supreme(MP) 1333

PRANAY VERMA
Mukesh @ Kalu – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Ritu Raj Bhatnagar, Advocate, Rahul Solanki, 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. The applicant is implicated in connection with Crime No.519/2022, registered at Police Station Taal, District Ratlam for offence punishable under Section 34(2) of the M.P. Excise Act . The applicant is in custody since 09.11.2022.

3. As per the prosecution, 70 bulk liters of country made liquor has been seized from the joint possession of co-accused Irfan Khan and the applicant. Accordingly offence has been registered against the applicant.

4. Learned counsel for the applicant submits that he is innocent and he has not committed any offence alleged by the prosecution. Applicant is in custody since 09.11.2022. Investigation has been completed 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 him. Therefore, the applicant be released on bail.

5. Learned counsel for the respondent/State, on the other hand, has opposed the prayer by submitting that the applicant is having 13 criminal antecedents and prays fo

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