HARVINDER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The applicant has filed this first application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station City Kotwali, District Morena in connection with Crime No. 560/2021 registered in relation to the offence punishable under Sections 34(2) and 47 (A) of M.P. Excise Act.

(3.) It is submitted by counsel for the applicant that he is in custody since 17.5.2021 and as per the prosecution case 691 liters of liquor has been seized from the applicant. Learned counsel for the applicant further submits that the applicant has been made accused on the basis of memorandum of other co-accused person recorded under section 27 of the Evidence Act. He has relied upon the judgment passed in the case of Suresh Upadhyay Vs. State of M.P., 2014 (II) MPWN SN 4 and Gajendra Singh Bhadoria Vs. State of M.P., 2017 (1) MPLJ (Cri.) 623, wherein it is held that in the case under the Excise Act if the accused is made on the basis of the statement of co-accused recorded under section 27 of the Evidence Act the proceedings were quashed by the Court. Learned counsel further submits that the applicant is ready to abide by all the terms and conditions as may be imposed by this Court and prays for grant of bail.