RAJENDRA KUMAR VERMA
Shoeb Akhtar – Appellant
Versus
State of Madhya Pradesh – Respondent
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
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 unde....
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
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.
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.
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
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 suff....
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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