DURGESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application filed under Sec. 439 CrPC on behalf of applicant who is in custody since 4/8/2022 in connection with Crime No.497/2022, registered at Police Station Amarwara, District Chhindwara (M.P.), for the offences punishable under Ss. 34(2) of M.P. Excise Act.

(2.) . Learned counsel for the applicant submitted that earlier application filed by applicant was dismissed on 9/9/2022 with liberty to applicant to file repeat application after a period of six months, if trial is not complete. Applicant is in jail since 4/8/2022. There is delay on part of prosecution to conclude the trial. In these circumstances applicant may be released on bail.

(3.) Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail and submitted that applicant is habitual offender and 12 cases are registered against him. If applicant is released on bail then he may indulge in similar offence. In these circumstances, this application be dismissed.