Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1212

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Ashish – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61109 of 2022
Decided On : 26-12-2022

Advocates Appeared:
Ashish Gupta, Advocate, Mukesh Sharma, Advocate
Final Result : Allowed

The court has the discretion to grant bail based on the facts and circumstances of the case, and the applicant's compliance with specific conditions.

Headnote:
Bail - M.P. Excise Act, 1915 - The court allowed the application for bail under Section 439 of the Criminal Procedure Code, 1973, based on the circumstances of the case and the arguments presented by the parties. The applicant was directed to be released on bail upon furnishing a personal bond and surety to secure his presence before the trial court.
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. The applicant had been in jail since 12/12/2022. The prosecution alleged that the applicant, as the owner of a vehicle, was involved in the illegal transportation of liquor.
Finding of the Court:

The court, without commenting on the merits of the case, allowed the application for bail considering the facts and circumstances, including the applicant's health condition and the length of the trial. The applicant was directed to be released on bail upon fulfilling certain conditions.
Issues: The main issue was whether the applicant should be granted bail during the trial, considering the allegations against him and the arguments presented by the parties.
Ratio Decidendi: The court's decision was influenced by the facts and circumstances of the case, the arguments presented by the parties, and the applicant's health condition. The court directed the release of the applicant on bail with specific conditions to secure his presence before the trial court.
Final Decision: The court allowed the application for bail and directed the release of the applicant on bail upon fulfilling certain conditions. The order would remain effective till the end of the trial, but any breach would result in the cancellation of the bail without reference to the Bench.

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.26/2021 registered at Police Station Dhamnod, District Dhar for offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 12/12/2022.

2. A s per the prosecution story, on 14/01/2021 on the basis of discrete information police intercepted a vehicle bearing registration number MP-20-CC-2816 and recovered 171 bulk liters liquor which was being transported illegally and unauthorizedly. The driver of the vehicle ran away from the spot. During investigation, present applicant who is the owner of the offending vehicle has been arrested. Accordingly, an offence has been registered.

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 is only the owner of the vehicle from which the liquor was seized. Applicant has no criminal antecedent. Applicant is also suffering from sever liver diseases and his hand is also severely fractured. He is in custody since 12/12/2022 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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