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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Shivraj – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61059 of 2022
Decided On : 26-12-2022
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 34(2) of M.P. Excise Act, 1915, directing the release of the applicant on bail with specific conditions.
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 12.12.2022. The prosecution story involved the recovery of 60 bulk liters of country made liquor from the possession of the applicant based on source information.
Finding of the Court:
The court, after considering the facts and circumstances of the case, allowed the application for bail without commenting on the merits of the case. The court directed the release of the applicant on bail with specific conditions, including furnishing a personal bond and compliance with the provisions of Section 437(3) Cr.P.C.
Issues: The main issue was whether the applicant should be granted bail during trial, considering the nature of the offence, the period of custody, and the arguments presented by the parties.
Ratio Decidendi: The court's decision was influenced by the period of custody, the absence of criminal antecedent, and the likelihood of a prolonged trial. The court also considered the arguments presented by the parties and the material available on record, without commenting on the merits of the case.
Final Decision: The court allowed the application for bail and directed the release of the applicant on bail with specific conditions. 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.425/2022 registered at Police Station Rajgarh, District Rajgarh for offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 12.12.2022.
2. As per the prosecution story, on 24.06.2022, on the basis of source information police recovered 60 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. The applicant is in custody since 12.12.2022 and he has no criminal antecedent. 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.
6. 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.
7. 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.
8. 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.
9. The M.Cr.C. stands allowed and disposed off.
Certified Copy as per rules.
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 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 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....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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.
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