IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH rd ON THE 23 OF APRIL, 2024 MISC. CRIMINAL CASE No. 15458 of 2024 BETWEEN:-

1. PARVAT S/O RAMLAL SODHIYA, AGED ABOUT 60 YEA R S , OCCUPATION: LABOUR VILLAGE KHANOTA, DIST- RAJGARH (MADHYA PRADESH)

2. OMBABU S/O BANSHILAL, AGED ABOUT 39 YEA R S , OCCUPATION: LABOUR VILLAGE MALAWAR DISTRICT RAJGARH (MADHYA PRADESH)

.....APPLICANT (SHRI VIKAS RATHI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MALAWAR DIST.

RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (SHRI H.S.RATHORE - GOVT. ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

Heard and perused the record.

This is the first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure for grant of bail. The applicants are arrested in relation to Crime No.60/2024, registered at Police Station- Malwar, District-Rajgarh for the offence under Section 34(2) of M.P. Excise Act, 1915. The applicants are in jail since 03.04.2024.

Signature Not Verified

2. As per prosecution story 242 bulk liters of country made liquor has been seized from the vehicle bearing Registration No. MP05-CA-2975.

3. At the outset, learned counsel for the applicants prays for withdrawal of this application filed on behalf of applicant no.2-Ombabu with liberty to renew the prayer after filing of charge sheet.

4. Prayer is allowed.

5. Accordingly, M.Cr.C. No.15458/2024 is dismissed as withdrawn with regard to applicant no.2-Ombabu with the aforesaid liberty.

6. Learned counsel for the applicants submits that the applicant no.1-

Parvat is innocent and he has falsely been implicated in this case. Nothing has been seized from applicant no.1-Parvat. As per police allegation applicant no.1- Parvat ran away from the spot by leaving the vehicle from which 242 bulk liters of liquor was seized. The age of the applicant is 60 years and there are no criminal antecedents against the applicant. The offence is triable by learned JMFC. Applicant No.1-Parvat is in jail since 03.04.2024. Final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant no.1.

7. On the other hand, learned Govt. Advocate for the State has opposed the prayer.

8. After hearing learned counsel for the parties and looking to the facts and circumstances of the case, age of the applicant no.1, I am of the view that it is a case, in which applicant no.1-Parvat may be released on bail. Consequently, without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant no.1-Parvat, stands allowed.

7. It is directed that applicant no.1-Parvat be released on bail on his Signature Not Verified furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

9. M.Cr.C. No.15458/2024 stands partly allowed.

Certified copy as per rules. (PREM NARAYAN SINGH)

JUDGE sumathi Signature Not Verified