MAHESH VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the repeat (second) application filed by the applicant under Sec. 439 of Cr.P.C. for grant of bail relating to FIR No.51/2023 dated (not mentioned) registered at Police Station Cant., District Jabalpur (M.P.) for the offence punishable under Sec. 34(2) of the MP Excise Act. The applicant is under custody since 05/06/2023. The earlier application (MCRC No.25598/2023) of the applicant was dismissed as withdrawn with liberty to revive the prayer after 90 days, vide order dtd. 21/07/2023. As per the prosecution, 182.7 liters of country made and foreign liquor has been seized from the possession of one Raj Raikwar. In his memorandum, co-accused Raj Raikwar has taken the name of present applicant and on the basis of which he has been arrested.

(2.) It is stated that Raj Raikwar has been enlarged on bail by this Court on 31/03/2023. The applicant is only be made an accused on the basis of memorandum of co-accused. No liquor was seized from the present applicant. Learned counsel for the State has pointed out that six criminal cases have been registered against the present applicant. To this, the learned counsel for the applicant has submitted that in four of the cases he has been acquitted and the two other cases he was found guilty and fine was imposed on him. He submits that at present apart from this case no other case is pending against the present applicant. Considering that the main accused Raj Raikwar from whose possession the liquor was seized has already been enlarged on bail by this Court, this application is also allowed as the applicant has remained under custody for nearly three months now.

(3.) It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Sec. 437(3) of Cr.P.C. In case, if the applicant is found involved in any other offence during the pendency of the trial or during the bail period, this bail order shall stand cancelled automatically and the police authority will be at liberty to take him into custody. Certified copy as per rules.