SONU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CASE diary is available. After investigation chargesheet has already been filed.

(2.) THIS is the second bail application filed by the applicant/accused under Sec. 439 of Cr.P.C. for grant of bail in connection with Crime No. 313/14, Police Station Shahpura, Dist. Jabalpur for the offence registered under section 34(2) of the M.P. Excise Act.

(3.) LEARNED counsel for the applicant/accused submits that the applicant/accused has been in jail since 23 -11 -14. The alleged offence being punishable with the imprisonment of R.I. upto three years and fine of Rs. 1 lakh is triable by Judicial Magistrate First Class. Apart from this, the alleged quantity of 198 Bulk liter liquor was not seized from the possession of the applicant/accused, hence the embargo provided under Section 59(a) of the M.P. Excise Act for granting bail is not applicable in this case. Counsel further submits that the applicant/accused has been in jail for more than three months and he has no criminal antecedents. Learned counsel placing reliance upon the judgment of Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bereau of Investigation : 2012 Vol. 1 SCC Page 40 has prayed for grant of bail.