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2006 DIGILAW 834 (MP)

Kallo (Mahila) v. State of M. P.

2006-07-11

B.M.GUPTA

body2006
ORDER 1. Applicant is seeking bail under section 439 of CrPC in Crime No.175/06 registered at Police Station Karera District Shivpuri for the offence punishable under section 34 (1) (a) (2) of the M.P. Excise Act. 2. It is submitted by Shri Dwivedi that applicant is in custody from the date of incident on the allegation that about 55 liters of country made iquor was recovered from her possession while the alleged liquor was recovered from an open space and for saving the real accused she has been falsely implicated. Applicant is mother of three daughters and her husband is blind. It is contended by Shri Dwivedi that in the alleged offence applicant can be released on bail in view of the following orders of this Court. 1. Sheikh Salim v. State of M.P. [ 1985 JLJ 28 ]. 2. Raghunandan Singh v. State of M.P. [ 1995 (I) MPWN 45 ]. 3. Lakhan Singh v. State of M.P. [2000 (I) MPWN 205]. 4. Shakur Khan v. State of M.P. [2000 (II) MPWN 8]. 5. Motilal v. State of M.P. [ 2000 (1) MPJR 234 ]. 6. Banshilal s/o Hariram and another v. State of M.P. [ 2003 (II) MPWN 88 = 2003 (2) MPLJ 369 ]. Trial may take time and applicant being the local resident there is no likelihood of her absconding from the trial. Hence, applicant be released on bail. 3. Application has been opposed on behalf of the State while drawing the attention on the alleged quantity of the liquor as well as on the provisions of section 59-A of the Excise Act. 4. In view that the opposition being bare and the period of custody and also the observation which has been taken in the orders cited hereinabove but without expressing any opinion on the merits of the case, this application is allowed. Applicant be released on bail on her furnishing personal bond in the sum of Rs. 25,000/- (Rs. Twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.