LACHHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat bail application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. His first application was dismissed as withdrawn on 04/02/2020 in Mis. Cr. Case No.1401/2020. The applicant is in custody since 24/12/2019 in connection with crime No.213/2019 registered at Police Station Karanwas District Rajgarh for the offence punishable under section 34(2) of the Madhya Pradesh Excise Act.

(2.) A s per prosecution case, the applicant is found to be in illegal possession of more than 50 bulk liters of country made liquor and 868 bulk liters of Indian made foreign liquor. Accordingly, case has been registered.

(3.) Investigation is complete. Challan has been filed. Learned for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The applicant has been implicated in the offence, on the basis of memorandum of co-accused under section 27 of the Evidence Act. The applicant have no criminal antecedents. The investigation is complete and challan has been filed. Therefore, the applicant is not required for custodial interrogation. The applicant has suffered jail incarceration since 24/12/2019. The applicant is sole bread earner in the family and the family is on the verge of starvation due to the jail incarceration. His further incarceration shall jeopardize life of the family members. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.