PAPOLI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested on 5/7/2023 in connection with Crime No.445/2023 registered at Police Station Karera, District Shivpuri (M.P.) for commission of offence punishable under Sec. 34(2) of the Excise Act. Prosecution case, in brief, is that on 5/7/2023, applicants were found having 60 bulk liters of illicit country made liquor in their joint possession without having any license or authority.

(2.) Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the matter. Admittedly, the liquor has been seized from an open place. Applicants have been implicated only on the basis of suspicion. Applicants have no criminal past record with regard to offence punishable under the Excise Act. The investigation has been completed and charge-sheet has been filed. The applicants are in custody since 5/7/2023. Their custodial interrogation is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicants on bail. Learned counsel for the respondent/State has vehemently opposed the application and submits that applicants have criminal past record but he fairly conceded that none of them is under the Excise Act.

(3.) Having considered the rival submissions, quantity of the liquor said to have been seized from the joint possession of the applicants and also considering the overall material produced on record, this Court is of the view that applicants deserve to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.