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2022 Supreme(SC) 519
SUPREME COURT OF INDIA
M.R. SHAH, ANIRUDDHA BOSE, JJ.
Itfaq Singh – Appellant(s)
VERSUS
State of Madhya Pradesh – Respondent(S)
CRIMINAL APPEAL NO.901 OF 2022 [@ SLP (Crl.) NO.5462 of 2022]
Decided On : 10-06-2022
For the Petitioner(s):Abhimanyu Tewari, Amitabh Tewari, Eliza Bar, Dilmirig Nayani, Sanya Kaushal, Tushar Bathija, Advocates
For the Respondent(s):Gopal Jha, Nishant Verma, Advocates
IMPORTANT POINT
Bail can be granted keeping in view maximum sentence prescribed and period of custody undergone by accused.
Headnote:
Criminal Procedure Code, 1973 – Section 439 – M.P. Excise Act, 1915 – Section 34 (2) – Bail – Refusal – Punishment which may be imposed even if appellant is held guilty would be maximum three years – Appellant is in Jail/custody since 26.11.2021 and trial has already begun and four witnesses are already examined – It is deemed proper to release appellant on bail on conditions which may be imposed by Trial Court – Bail granted – In addition to conditions that may be imposed by Trial Court, appellant shall cooperate in early disposal of trial and shall not ask any unnecessary adjournment and try to delay trial – Appellant shall not indulge into any similar activities in future. (Paras 2 and 3)
Facts of the case:
Feeling aggrieved and dissatisfied by the impugned order passed by the High Court of Madhya Pradesh at Gwalior, refusing to release the appellant on bail in connection with the criminal case for the offence under Section 34 (2) of the M.P. Excise Act, 1915, the appellant-accused has preferred the present appeal.
Findings of Court:
Appellant to remain present before the Court during trial on each and every date of hearing as assured by Counsel appearing for the appellant.
Result : Appeal allowed.
ORDER
Leave granted.
2. Feeling aggrieved and dissatisfied by the impugned order passed by the High Court of Madhya Pradesh at Gwalior in M.Cr.C. No.9762/2022 refusing to release the appellant on bail in connection with the criminal case for the offence under Section 34 (2) of the M.P. Excise Act, 1915, the appellant-accused has preferred the present appeal.
3. Having heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the State and the punishment which may be imposed even if the appellant is held guilty would be maximum three years and the appellant is in Jail/custody since 26.11.2021 and the trial has already begun and four witnesses are already examined, we deem it proper to release the appellant on bail on the conditions which may be imposed by the learned trial Court.
4. The appellant is ordered to be released on bail in connection with Crime No.77 of 2021 on the conditions that may be imposed by the learned trial Court. In addition to the conditions that may be imposed by the learned trial Court, we impose the further condition that the appellant shall cooperate in the early disposal of the trial and shall not ask any unnecessary adjournment and try to delay the trial. A further condition is also imposed that the appellant shall not indulge into any similar activities in future.
5. The appellant to remain present before the Court during the trial on each and every date of hearing as assured by learned counsel appearing for the appellant.
6. In view of the above and for the reasons recorded above, the present appeal is allowed.
7. Pending application(s), if any, also stand disposed of.
