Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1211

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Ratanlal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61162 of 2022
Decided On : 26-12-2022

Advocates Appeared:
Vinod Thakur, Advocate, Mukesh Sharma, Advocate
Final Result : Allowed

The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.

Headnote:
Bail - Criminal Procedure Code - The court granted bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, in connection with an offence under Section 34(2) of M.P. Excise Act, 1915, based on the circumstances of the case and the arguments presented by the parties.
Fact of the Case:

The applicant filed an application for bail under Section 439 of the Criminal Procedure Code, 1973, as he was facing trial for an offence under Section 34(2) of M.P. Excise Act, 1915, and had been in custody since 31.10.2022. The prosecution alleged that the applicant was found in possession of 65 bulk liters of country made liquor based on source information.
Finding of the Court:

The court, after considering the facts and circumstances of the case, the arguments of the parties, and the material available on record, granted bail to the applicant. The court directed the applicant to furnish a personal bond and a solvent surety, and comply with the provisions of Section 437(3) Cr.P.C. The bail was to remain effective till the end of the trial, but would be cancelled in case of bail jump or breach of any pre-condition of bail.
Issues: The main issue was whether the applicant should be granted bail during trial, considering the allegations against him and the duration of his custody.
Ratio Decidendi: The court granted bail to the applicant based on the circumstances of the case, the arguments presented, and without commenting on the merits of the case.
Final Decision: The court allowed the application and directed the release of the applicant on bail, with specified conditions.

JUDGMENT

Rajendra Kumar (Verma), J. - This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.173/2022 registered at Police Station Excise Circle, Singoli, District Neemuch for offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 31.10.2022.

2. As per the prosecution story, on 31.10.2022, on the basis of source information police recovered 65 bulk liters of country made liquor from the possession of the applicant. On the basis of which police registered the aforesaid crime.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. Investigation is over and charge-sheet has been filed. He has no criminal antecedent. The applicant is in custody since 31.10.2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant.

4. Learned Government Advocate opposed the application and prayed for its rejection.

5. I have heard the learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, on perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

6. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

7. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

8. The M.Cr.C. stands allowed and disposed off.

Certified Copy as per rules.

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