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ANAND PATHAK
Mahasingh Parte – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The applicant has filed this FIRST application under section 439 of Code of Criminal Procedure, for grant of bail. Applicant has been arrested on 6.3.2023 by Police Station- Kanhiwada, District-Seoni, relating to FIR/Crime No.57/2023 for the offence punishable under section 34 (2) of the M.P. Excise Act, 1915.
2. It is the submission of learned counsel for the applicant that the applicant is suffering confinement since 6.3.2023 and charge-sheet has already been filed. It is further submitted that as per allegations, 60 liters of country made liquor has been seized from possession of the applicant. No custodial interrogation is required. Applicant does not bear any criminal record. Applicant learnt the lesson hard way and would mend his ways to become better citizen and would not indulge in same nature of offence in future. Applicant undertakes to cooperate in trial and will abide by all the terms and conditions as imposed by this Court. Applicant further undertakes to perform community service to purge his misdeeds, if any, and to serve National/Environmental/Social Cause. Upon these grounds, counsel prayed for bail to the applicant.
3. Learned Government Advocate for the Sta
The court considered the spirit of community service and the applicant's age in granting bail, subject to strict conditions to ensure compliance and future conduct.
Granting bail based on the nature of the allegation and the spirit of community service.
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
The court granted bail under Section 439 of the Cr.P.C. due to the lengthy trial process and the applicant's claims of false implication.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
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