Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1214

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Shoeb Akhtar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61062 of 2022
Decided On : 26-12-2022

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

The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail under the M.P. Excise Act, 1915.

Headnote:
Bail - M.P. Excise Act, 1915 - The court allowed the application for bail under Section 439 of the Criminal Procedure Code, 1973, for the applicant facing trial for an offence under Section 49(A) of M.P. Excise Act, 1915, based on the circumstances of the case and arguments presented by the parties. The applicant was directed to furnish a personal bond and comply with the provisions of Section 437(3) Cr.P.C.
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 49(A) of M.P. Excise Act, 1915, and had been in custody since 14.06.2022. The prosecution story involved the recovery of spurious liquor from the applicant's possession based on source information.
Finding of the Court:

The court allowed the application for bail, considering the facts and circumstances of the case, without commenting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C.
Issues: The main issue was whether the applicant should be granted bail during trial for the offence under Section 49(A) of M.P. Excise Act, 1915, considering the circumstances and arguments presented by the parties.
Ratio Decidendi: The court considered the facts and circumstances of the case, the arguments presented by the parties, and the absence of criminal antecedent of similar nature for the applicant. Without commenting on the merits of the case, the court allowed the application for bail and directed the applicant to comply with the provisions of Section 437(3) Cr.P.C.
Final Decision: The court allowed the application for bail and directed the applicant to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court. The order would remain effective till the end of the trial, subject to compliance with the pre-conditions of bail.

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.361/2022 registered at Police Station Mahakal, District Ujjain for offence under Section 49(A) of M.P. Excise Act, 1915. Applicant is in jail since 14.06.2022.

2. As per the prosecution story, on 14.06.2022, on the basis of source information police recovered 5 liters of country made spurious 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. The applicant is in custody since 14.06.2022 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. However, he fairly admits that there is no criminal antecedent found against the present applicant of similar nature.

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 of.

Certified Copy as per rules.

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