UMESH AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the parties. The applicant is in custody since 04.04.2016 relating to Crime No.49/2016 registered at Police Station Basai Tahsil and District Datia (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

(2.) Learned counsel for the applicant submits that the applicant is a youth of 21 years of age, who has no criminal past alleged against him. Case is triable by the Court of JMFC and therefore, it is not so grave. Charge sheet has already been filed, therefore, his presence is no more required during investigation. Sufficient time will be required in conclusion of the trial and the applicant cannot be kept in custody for an unlimited period. Applicant assures that he will follow the provisions of Section 59 -A of the M.P. Excise Act. Under these circumstances, applicant prays for bail.

(3.) Learned Public Prosecutor opposes the application on the ground that 60 bulk liters of liquor has been seized from the applicant.