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ANAND PATHAK
Narendra Parihar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - The applicant has filed this repeat bail application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested on 19/10/2022 by Police Station Sehore, District Shivpuri in connection with Crime No. 127/2022 registered in relation to the offences punishable under Sections 34 (2) of M.P. Excise Act.
2. It is the submission of the applicant that it is the case of false implication. 60 bulk litres of liquor is alleged to have been seized from the possession of applicant. Applicant is behind the bars since 19/10/2022 and therefore confinement amounts to pretrial detention. The case is triable by the Magistrate First Class. Though applicant bears criminal record of five cases but now he learnt the lesson hard way and would mend his ways to become a better citizen. He undertakes to cooperate in trial and that he will not involve in any criminal activity in future. On these grounds prayer for bail is made out.
3. Counsel for the State opposed the prayer and prayed for dismissal of the bail application.
4. Heard.
5. Perused the case diary.
6. After considering the rival submissions as well as considering the peculiar fact situation, without commenting on the
The court has the discretion to grant bail after considering the peculiar fact situation and the willingness of the applicant to cooperate in the trial.
The court has the discretion to grant bail, considering the circumstances of the case and the likelihood of the applicant's cooperation during the trial period.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail, considering the nature of the offences, confinement of the applicant, and the undertaking of the applicant to cooperate and not cause any embarrassment or ....
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
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 absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
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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