Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1168

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Ravi – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61900 of 2022
Decided On : 29-12-2022

Advocates Appeared:
Manoj Saxena, Advocate, Mamta Shandilya, Advocate
Final Result : Allowed

The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suffered by the applicant.

Headnote:
Bail - M.P. Excise Act - The court granted bail to the applicant based on the quantity of liquor seized, the pending report on the nature of the liquor, and the period of custody already suffered by the applicant.
Fact of the Case:

The applicant was arrested for illegal possession of spurious liquor and filed for bail under Section 439 of Cr.P.C.
Finding of the Court:

The court allowed the application for bail considering the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suffered by the applicant.
Issues: The issue was whether the applicant was entitled to bail despite being found with spurious liquor in illegal possession.
Ratio Decidendi: The court considered the circumstances, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suffered by the applicant, and granted bail.
Final Decision: The application for bail was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and surety.

JUDGMENT

Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 16.05.2022 in connection with Crime No.288/2022 registered at Police Station-Mahakal, District- Ujjain (M.P.) for commission of offence punishable under Section 49-A of the M.P. Excise Act.

2. Prosecution story, in brief is that on 16.05.2022 applicant was found having 05 bulk litres of spurious liquor in his illegal possession and accordingly case has been registered against him.

3. Learned counsel for the applicant submits that applicant is in custody since 16.05.2022 and there is nothing on record to show that the liquor said to be seized from the possession of the applicant is of spurious. Applicant is no criminal past with regard to the offence punishable under Excise Act. Trial will take time to conclude, and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

4. Learned counsel for the respondent/State has opposed the application and prays for its rejection.

5. Having considered the rival submissions, quantity of the liquor said to have been seized from the possession of the applicant and also considering the fact that the report with regard to nature of the liquor is still awaited and also the period of the custody already suffered by the applicant without expressing any opinion on the merits of the case, the application is allowed.

6. It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

7. This application is allowed and stands disposed of.

Certified copy, as per Rules.

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