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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Anand Pathak, J.
Narendra Parihar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58840 of 2022
Decided On : 13-12-2022
Bail - M.P. Excise Act - The court directed the release of the applicant on bail upon furnishing a personal bond of Rs.50,000 with certain conditions.
Fact of the Case:
The applicant filed a repeat bail application under Section 439, Cr.P.C. for grant of bail after being arrested in connection with a case under the M.P. Excise Act. The applicant claimed false implication and offered to cooperate in the trial.
Finding of the Court:
The court, without commenting on the merits of the case, directed the release of the applicant on bail upon considering the peculiar fact situation.
Issues: The main issue was the grant of bail to the applicant who was arrested in connection with a case under the M.P. Excise Act.
Ratio Decidendi: The court considered the applicant's submission of false implication, his willingness to cooperate in the trial, and the peculiar fact situation before directing the release on bail.
Final Decision: The application for bail was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond of Rs.50,000 with specific conditions.
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 merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety to the satisfaction of trial Court.
7. This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of.
A copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy as per rules.
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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