JASWANT Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through video conferencing. This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 13.9.2020 in connection with Crime Case No.194/2020 registered at Police Station, Barawada, District Ratlam for the offence punishable under Section 34(2) of M.P. Excise Act.

(2.) As per the prosecution case, the co-accused persons namely Om Singh and Bhuralal were found to be carrying three plastic cans of 20 litres each filled with country made liquor at the point of interception. Accordingly, the case has been registered against them. During the course of investigation co-accused persons in their memo under Section 27 of Evidence Act revealed that they procured the aforesaid liquor from the applicant. Accordingly, case has been registered against the present applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in jail incarceration since 13.9.2020. He is not required for further custodial interrogation. He is the sole bread earner of his family and the family is reeling under financial crisis due to his jail incarceration. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.