BHAGWAN DAS SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This fourth application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed by order dtd. 30/8/2022 passed in M.Cr.C. No.40589/2022.

(2.) The applicant has been arrested on 3/4/2022 in connection with Crime No.77/2022 registered by Police Station Gormi, District Bhind for offence punishable under Sec. 34(2), 49A, 42 of Excise Act.

(3.) It is submitted by the counsel for the applicant that the previous bail applications of applicant have already been dismissed on merits but the third application of applicant was dismissed by order dtd. 30/8/2022 passed in M.Cr.C. No.40589/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that the minimum sentence for offence under Sec. 49-A of M.P. Excise Act is six months and the applicant is in jail from 3/4/2022 and he has already undergone minimum jail sentence of six months as provided under Sec. 49-A of M.P. Excise Act. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.