Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1226

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Satyendra Kumar Singh, J.
Rahul Dabi – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61785 of 2022
Decided On : 29-12-2022

Advocates Appeared:
G.P. Songara, Advocate, Mamta Shandilya, Advocate
Final Result : Allowed

The court may grant bail considering the absence of seized items, the defendant's criminal record, and the likelihood of a lengthy trial.

Headnote:
M.P. Excise Act - Bail Application - The court granted bail to the applicant who was found carrying illicit liquor, considering the absence of any criminal past record and the likelihood of a lengthy trial.
Fact of the Case:

The applicant was arrested for carrying illicit liquor without a license. The applicant sought bail, arguing that nothing was seized from his possession and that he had no criminal past record related to the Excise Act.
Finding of the Court:

The court granted bail to the applicant, considering the quantity of liquor seized, the absence of any criminal past record, and the likelihood of a lengthy trial.
Issues: Bail application under Section 439 of Cr.P.C for the offence punishable under Sections 34(2) of the M. P. Excise Act.
Ratio Decidendi: The court considered the absence of any seized items from the applicant's possession, his lack of criminal past record related to the Excise Act, and the likelihood of a lengthy trial in granting 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 18.12.2022 in connection with Crime No.524/2022 registered at Police Station Tonk Khurd, District Dewas (M.P.) for commission of offence punishable under Sections 34(2) of the M. P. Excise Act.

2. Prosecution case, in brief, is that on 18.12.2022 applicant along with other co-accused person Suryapal were found carrying 54 bulk litres of illicit county made liquor on a motorcycle bearing registration No.MP-41-NK-5303 for the purposes of sale without having any license or authority.

3. Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has no criminal past record with regard to the offences punishable under the Excise Act. His custodial trial is not required. Conclusion of trial will take considerable time. Therefore, he be released on bail.

4. Learned counsel for the respondent/State has opposed the prayer and submits that applicant along with other co-accused Suryapal were carrying 54 bulk litres of illicit country made liquor, therefore, he is not entitled for grant of bail.

5. Having considered the rival submissions, quantity of the liquor said to be seized from the joint possession of the applicant and the other co-accused and also considering the overall material produced on record, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything 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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