SHER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 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 25.8.2020 in connection with Crime Case No.264/2020 registered at Police Station, Simrol, District Indore for the offence punishable under Section 34(2) of M.P.Excise Act.

(2.) As per prosecution story, the applicant was found to be in possession of 99 bulk litres of liquor unauthorizedly and illegally. Accordingly, the case has been registered.

(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 25.8.2020. He is not required for further custodial interrogation. The applicant has no criminal antecedents. He is the sole bread earner in the family and the family is on the verge of starvation. Co-accused Sawan and Santosh have been granted bail by this Court on 5.11.2020 in M.Cr.C.No.42160/2020. 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.