Madhya Pradesh High CourtShashank Shukla vs The State Of Madhya Pradesh on 18 January, 2018THE HIGH COURT OF MADHYA PRADESH
                       MCRC-2201-2018
                  (SHASHANK SHUKLA Vs THE STATE OF MADHYA PRADESH)


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  Jabalpur, Dated : 18-01-2018
  Mr.Sumit Chaturvedi, learned counsel for the applicants.
  Mr.Amit Sharma, learned Government Advocate for the respondent-state.Heard.sh
  This is first bail application filed on behalf of the applicants underSection 439of Code of Criminal Procedure.e
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  The applicants are in custody since 04/01/2018 in connection with Crime
  No.3/2018, registered at Police Station Satai District Chhattarpur(M.P.) for the

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  offences punishable underSection 34(2)of M.P.Excise Act.
  As per prosecution, on the information of informant a Indigo Car bearing
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  retisteration No.M.P.16C 3427 was stopped by the police, wherein it was
  found that car was being driven by applicant and two other co-accused
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  Shivanand Sen and Mukhtyar were sitting in that vehicle. It is further
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  alleged that total 86.25 bulk litres illicit liquor have been seized from
  their possession and thereafter case has been registered aginst them.of




  Learned counsel for the applicants submits that applicants are innocent,
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  they have been falsely implicated in this case. It is further submitted
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  that the offence is triable by Judicial Magistrate, First Class and trial will
  take long time to conclude. They are ready to furnish bail as per the
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  order, abiding with all conditions imposed by the Court. On these
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  grounds, learned counsel for the applicants prays for grant of bail to the
  applicants.H




  Per-contra, Government Advocate for the respondent-State opposes the
  bail application.After hearing arguments of the parties and looking to the facts and
  circumstances of the case, despite bar underSection 59-A(ii)of the M.P.
  Excise Act and in view of the law laid down inBanshi Lal Vs. State of
  M.P., [2003(2) MPLJ 369], I am of the considered view that it would
  be appropriate to release the applicants on bail, therefore, without
  commenting on the merits of the case, application of the present
  applicants namely, Shashank Shukla, Shivnand Sen and Mukhtyar
  Ali underSection 439of the Cr.P.C. seems to be acceptable.Consequently, it is hereby allowed.
       It is directed that applicants be released on bail on their furnishing bail
       bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one
       surety of the same amount, to the satisfaction of the JMFC concerned or
       CJM for their appearance before them on the dates given by the
       concerned Court. It is directed that applicants shall comply the
       provisions ofSection 437(3)of Cr.P.C.
       Certified copy as per rules.sh
                                                                 (H.P. SINGH)




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  SUSHMA KUSHWAHA
  2018.01.19 11:26:31 +05'30'
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