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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Mahesh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Appeal No. 60858 of 2022
Decided On : 22-12-2022
Bail Application - M.P. Excise Act - The court allowed the bail application of the applicant under Section 439 of the Criminal Procedure Code, 1973, considering the duration of custody, lack of criminal antecedents, and the likelihood of a lengthy trial. The applicant was directed to be released on bail with specific conditions.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Criminal Procedure Code, 1973, as he was implicated in a case related to the M.P. Excise Act and had been in custody for over two months. The allegation against the applicant involved the seizure of unauthorized liquor from the joint possession of co-accused.
Finding of the Court:
The court found merit in the applicant's contentions and allowed the bail application without delving into the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and surety, with specific conditions to ensure his appearance and compliance with the law.
Issues: The primary issue was the grant of bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, considering the duration of custody and the nature of the alleged offense.
Ratio Decidendi: The court's decision was influenced by the duration of the applicant's custody, the absence of criminal antecedents, and the likelihood of a lengthy trial, leading to the grant of bail with specific conditions to ensure the applicant's compliance with the law.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety, with specific conditions to ensure his appearance and compliance with the law.
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case-diary.
2. This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.545/2022 registered at Police Station - Haatpipaliya, District - Dewas(MP) for offence punishable under Section 34(2) of M.P. Excise Act. The applicants are in custody since 30.10.2022.
3. The allegation against the applicant is that he was also involved in the aforesaid case wherein 56 bulk litres of unauthorized liquor has been seized from the joint possession of co-accused Mahesh and Rajesh.
4. Counsel for the applicant has submitted that the applicant is in jail since 30.10.2022 and he has completed more than two months in custody. It has been further submitted that charge sheet has been filed and conclusion of trial is likely to take sufficient long time. Thus it is submitted that he may kindly be enlarged on bail.
5. Counsel for the respondent/State, on the other hand, has opposed the prayer, however, it is admitted that there are no criminal antecedents against the applicant in the case diary.
6. Having considered rival submissions and on perusal of the case-diary, this Court finds force with the contentions raised by the counsel for the applicant's application deserves to be allowed.
7. Accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8. It is also observed that if the applicant is found to be involved in any of the criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the applicant in the present case also.
9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
The court's decision to grant bail was based on the considerations of the duration of custody, absence of criminal antecedents, and the likelihood of a lengthy trial, as provided under Section 439 of....
The court considered the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances in allowing the bail application.
The main legal point established is that the court may grant bail under Section 439 of the Criminal Procedure Code, 1973, based on the period of incarceration and the quantity seized from the applica....
The court considered the absence of seized items, lack of criminal past record, and potential trial delay as grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The central legal point established in the judgment is that the length of custody, the quantity of seized unauthorized liquor, and the absence of any case registered under the relevant provision infl....
The Court considered the number of cases and the expected trial duration in granting bail under Section 439 of Cr.P.C. for possession of unauthorized liquor.
The main legal point established in the judgment is the consideration of false implication and lack of evidence in granting bail.
The main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
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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