ORDER

Heard and perused the record.

2. This is second application filed on behalf of the applicant for grant of temporary bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relation to FIR No.111/2024 dated (not mentioned) registered at Police Station-Khilchipur, District-Rajgarh (MP) for offence punishable under Section 34(2) of M.P. Excise Act, 1915. The applicant is in custody since 13.04.2024. Earlier, bail application was dismissed as withdrawn vide order dated 30.04.2024 passed in M.Cr.C. No. 17388/2024 with liberty to renew the prayer after two months from the date of order.

3. As per prosecution story, 320 bulk litres of illicit liquor has been seized from the house of applicant.

4. Learned counsel for the applicant submitted that the applicant is facing severe heart and lungs diseases and he has also been referred for treatment to higher centre by the authorities. Copies of relevant documents have also been filed. He further submitted that as per Adhar Card, the age of the applicant is 68 years. He is prepared to obey the instructions of Court. Hence, interim bail may be granted to the applicant for a period of one month.

5. Learned counsel for the State has verified the factum of ailment of the applicant.

6. I have heard learned counsel for the parties and have perused the case diary.

7. In view of the aforesaid submissions and on perusal of the medical documents, this Court is inclined to allow the present temporary bail application for a period of one month from the date of his release.

8. It is directed that the applicant be released on temporary bail for a period of one month from the date of his release upon furnishing bail bond in the sum of Rs. 50,000/-(Rupees Fifty thousand only) with two solvent surities in the sum of Rs.25,000/- (Rupees Twenty five thousand only) each to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C..

9. It is made clear that after having been completed the aforesaid period, the applicant may surrender before the Trial Court, failing which the concerned trial Court is having liberty to arrest the applicant in accordance with law. Certified copy as per rules. (PREM NARAYAN SINGH) JUDGE Vindesh