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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Hemant – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59240 of 2022
Decided On : 15-12-2022
Bail Application - Possession of Poisonous Liquor - The court granted bail to the applicant considering the lack of legal evidence connecting the applicant to the offence, absence of FSL report, and the prolonged trial process.
Fact of the Case:
The applicant was in possession of 5 litres of country-made poisonous liquor unauthorizedly and illegally. The prosecution alleged that the seized liquor was not fit for human consumption based on the seizing officer's experience, but no FSL report was available.
Finding of the Court:
The court granted bail to the applicant, noting the lack of legal evidence connecting the applicant to the offence, absence of FSL report, and the prolonged trial process.
Issues: The main issue was whether the applicant should be granted bail despite the allegations of possession of poisonous liquor.
Ratio Decidendi: The court considered the absence of legal evidence, lack of FSL report, and the prolonged trial process as grounds for granting bail to the applicant.
Final Decision: The court allowed the bail application and directed the release of the applicant upon furnishing a personal bond and surety to the satisfaction of the trial Court.
JUDGMENT
Anil Verma, J. - Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 2.10.2022 in connection with Crime No.443/2022 registered at P.S Palasia, Indore (M.P.) for commission of offence punishable under Section 49(A), 34 of M.P. Excise Act. As per the prosecution story, the applicant was found to be in possession of 5 litres country-made poisonous liquor unauthorizedly and illegally during the search by police. According to the seizing officer, the seized liquor was poisonous or not fit for human consumption. The opinion of the prosecution that the liquor seized from the applicant was poisonous or was not fit for human consumption is based only on the experience of the seizing officer but no FSL report is available in the case diary. Accordingly FIR has been registered.
2. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. No further custodial interrogation is required. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant is in jail since 2.10.2022. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
3. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that 5 criminal antecedents have been found against the applicant.. However, he has fairly admitted that no FSL report is available in the case diary.
4. Perused the case diary as well as the impugned order passed by the court below.
5. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that applicant is in jail since 2.10.2022, no FSL report is available in the case diary, prosecution did not produce any FSL report regarding the seized liquor whether the same is dangerous for human consumption or poisonous in nature and that final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
6. Accordingly, without commenting on the merits of the case, the is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) of Cr.P.C.
C.C. as per rules.
The absence of legal evidence and FSL report, coupled with the prolonged trial process, can be grounds for granting bail in cases involving possession of alleged poisonous substances.
Granting bail based on lack of evidence and completion of investigation.
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
The court's decision to grant bail was based on the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the police investigation.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
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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