BANSHILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No. 332/2002 registered at Police Station Yashodharman Nagar, Mandsaur, for the offence under Section 34-A of the M.P. Excise Act, 1915 (for short "the Act").

(2.) The allegation against the applicants is about the recovery of 56 litres of liquor from their possession. The applicants are in custody w.e.f. 20-11-2002. Charge-sheet has been filed. The learned Fourth Additional Sessions Judge, Mandsaur rejected the application on the ground that in view of Section 59-A (ii) of the Act the Court is not having any power to grant bail to the applicants.

(3.) The submission of Shri Jaisingh is that since the charge-sheet has been filed and the offence under Section 34-A is punishable under sub-section (2) of Section 34 of the Act for imprisonment of a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees, and also triable by Magistrate First Class, the applicants be released on bail.