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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Lakhan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59805 of 2022
Decided On : 19-12-2022
Bail - M.P. Excise Act - The court granted bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, considering the amount of liquor seized and the period of custody already undergone by the applicant.
Fact of the Case:
The applicant was in custody for an offence under Section 34(2) of the M.P. Excise Act for possessing 60 bulk litres of illicit liquor. The applicant sought bail, claiming insufficient evidence against him and a likely lengthy trial.
Finding of the Court:
The court, after considering the submissions and case diary, granted bail to the applicant, emphasizing the amount of liquor seized and the period of custody already undergone by the applicant.
Issues: The main issue was whether the applicant should be granted bail despite the serious nature of the offence and the criminal antecedents registered against him.
Ratio Decidendi: The court considered the amount of liquor seized and the period of custody already undergone by the applicant as key factors in granting bail, without commenting on the merits of the case.
Final Decision: The court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond and surety, with conditions for regular appearance before the trial court and compliance with Section 437(3) of the Criminal Procedure Code, 1973.
JUDGMENT
Pranay Verma, J. - They are heard. Perused the case diary /challan papers.
2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.381/2022 registered at Police Station Machalpur, District Rajgarh for offence punishable under Section 34(2) of the M.P. Excise Act.
3. The applicant is in custody since 9.11.2022.
4. The allegation against the applicant is that from the possession of applicant 60 bulk litres of illicit liquor has been seized.
5. Counsel for the applicant submits that he has not committed any offence alleged by the prosecution. He is in jail since 9.11.2022. Investigation is complete and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to be insufficient against him. Therefore, the applicant be released on bail.
6. Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of the application. He submits that two more criminal antecedents are registered against the applicant under the IPC.
7. After considering the rival submissions made by the learned counsel for the parties and going through the case diary, in the opinion of this Court looking to the amount of liquor seized from the possession of the applicant and the period of custody already undergone by him, it is a fit case for grant of bail.
8. Accordingly, without commenting on 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.25,000/-(Rupees Twenty Five Thousand Only) 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.
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 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.
The court's decision to grant bail was influenced by the amount of seized liquor and the period of custody undergone by the applicant, without commenting on the merits of the case.
The court may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case, including the amount of seized items and the period of custody already unde....
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 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 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....
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