SANDEEP PATIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C. on behalf of applicant, who is in jail since 10/3/2024 in connection with Crime No. 311/2023 registered at Police Station Govindpura District Bhopal for the offence punishable under Sec. 34(2) of the M.P. Excise Act.

(2.) Learned counsel appearing for the applicant submitted that seizure of liquor has been made from the open place. Only memorandum of co-accused is there implicating the applicant. Evidence is inadmissible. In these circumstances, applicant may be enlarged on bail.

(3.) Learned Govt. Advocate for the State has opposed the application and submitted that applicant is habitual offender and as many as 10 cases of IPC are registered against him and one case is under Excise Act of year 2019. In these circumstances, applicant may not be enlarged on bail.