Back
High Court of Madhya Pradesh
Sanjay Dwivedi, J.
VIRENDRA s/o RAKESH RATHORE – APPELLANT
Versus
STATE OF MADHYA PRADESH – RESPONDENT
M. Cr. C. No. 45428 of 2022
Decided On : 02-11-2022
Bail - Illegal Possession of Liquor - Grant of bail to applicant found in illegal possession of liquor without license or permit under M.P. Excise Act
Fact of the Case:
The applicant filed for bail after being in jail for illegal possession of 54 bulk litres of country-made liquor without a license or permit.
Finding of the Court:
The court, considering the overall facts and circumstances of the case, granted bail to the applicant without commenting on the merits of the case.
Issues: Bail application for illegal possession of liquor without license or permit under M.P. Excise Act
Ratio Decidendi: Grant of bail based on the applicant's lack of criminal past relating to the Excise Act, the offence being triable by the Court of Judicial Magistrate First Class, and the expected time for trial conclusion.
Final Decision: The applicant was granted bail upon furnishing a personal bond and a solvent surety, with the direction to abide by the conditions enumerated in section 437(3) of the Code of Criminal Procedure.
ORDER : – This first application under section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 8-9-2022 in connection with Crime No. 142/2022 registered at Police Station Excise Circle Itarsi, District Narmadapuram (M. P.) for the offence punishable under section 34(1) and 34(2) of M. P Excise Act.
2. As per prosecution case, the applicant was found in illegal possession of 54 bulk litres of country-made liquor, for which he had no licence or permit.
3. Learned counsel for the applicant submits that the applicant is in jail since 8-9-2022. He submits that the applicant has no criminal past relating to Excise Act and that the offence is triable by the Court of Judicial Magistrate First Class and trial would take time to be concluded. On these grounds, he prays that the applicant may be enlarged on bail.
4. In contrast, learned counsel for State has opposed the bail application and prays for its dismissal.
5. Considering the overall facts and circumstances of the case, I am inclined to grant bail to the applicant. However, without commenting anything on merits, application is allowed.
6. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
7. It is further directed that the applicant shall abide by the conditions enumerated in section 437(3) of the Code of Criminal Procedure.
8. Certified copy as per rules.
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
The court may grant bail considering the absence of seized items, the defendant's criminal record, and the likelihood of a lengthy trial.
The main legal point established is that the court may grant bail under Section 439 of the Criminal Procedure Code, 1973, based on the period of incarceration and the quantity seized from the applica....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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 the Criminal Procedure Code, 1973, considering the circumstances of the case, including the amount of seized items and the period of custody already unde....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
