Madhya Pradesh High Court Jitendra Solanki vs The State Of Madhya Pradesh

 
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Madhya Pradesh :

M.Cr.C. No.7340/2015

01.09.2015

Shri Manish Gadkar, learned counsel for the

applicants.

Shri Mukesh Parwal, learned counsel for the

respondent/State.

Case diary is available, arguments heard. This is first bail application filed by the applicants under section 439 of the Code of Criminal Procedure for grant of bail.

The present applicants were arrested by the Police Station Excise Department Gandhwani, District Dhar in Crime No.256/2015 under sections 34(1), 34(2) of M.P. Excise Act for keeping in their possession 72 bulk liters of contraband country liquor.

Learned counsel for the State opposes the application on the ground that against the applicant No.1 Jitendra S/o Mohanlal Lohar, three cases under the same provision of law are pending and against applicant No.2 Manoj S/o Ramesh Lohar, there is no criminal case is pending.

Learned counsel for the applicant submits that all the cases pending against the applicant Jitendra while against the applicant Manoj this is a first case under sections 34(1)(A) and 34(2) of M.P. Excise Act and he submits that they will follow any condition imposed by the Court.

Taking into consideration the facts and circumstances of the case and without commenting on the merits of the case, I am of the view...

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