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PREM NARAYAN SINGH
Dharmveer Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This order shall government with the disposal of these bail applications as they are arisen out of same crime of the police station, hence, they are heard analogously and are being decided by this common order.
2. M.Cr.C. No.52207/2023 is bail application filed on behalf of the applicant-Dharamveer Singh under section 438 of the Code of Criminal Procedure for grant of bail.
3. M.Cr.C. No.50635/2023 is second bail application filed on behalf of the applicant-Gulab Singh under section 438 of the Code of Criminal Procedure for grant of bail. Earlier application M.Cr.C. No.47122/2023 is dismissed as withdrawn vide order dated 27.10.2023.
4. The applicants are apprehending their arrest in relation to FIR/Crime No.304/2023, registered at Police Station-Ringnod, District-Ratlam, for the offence punishable under sections 34(2) of M.P. Excise Act.
5. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this offence. Applicant Dharamveer Singh is license holder, therefore he cannot be made accused under section 34(2) of M.P. Excise Act. Applicants are implicated in the case only on the basis of memo of Statement of co-accus
The court established that anticipatory bail cannot be granted under section 59-A of the M.P. Excise Act when a prima facie case is made out against the accused.
Anticipatory bail is not maintainable for offences under the State Excise Act involving the recovery of illicit liquor exceeding fifty bulk litres, as the relevant statutory provision creates an expl....
The main legal point established in the judgment is that custodial interrogation may be necessary in cases involving the seizure of liquor under the M.P. Excise Act, 1915, and running away from the s....
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