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VISHAL DHAGAT
Mukesh Suryawanshi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant, who has been arrested on 22.11.2022 in connection with Crime No.257/2021 for offence under Section 34(2) of the MP Excise Act registered at Police Station-Junnardev, District-Chhindwara (M.P.).
2. Learned counsel appearing for the applicant submitted that applicant is in jail since 22.11.2022. Applicant is made accused only on basis of memorandum. No other evidence is available against the applicant. On said grounds, counsel for applicant prays for bail to the applicant.
3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that applicant is having criminal records of five criminal cases registered against him. Applicant is repeatedly involved in committing offence. In these circumstances, he prayed for rejection of bail application.
4. Heard the counsel for the parties.
5. Applicant is in jail since 22.11.2022. Offence committed by applicant is triable by Judicial Magistrate First Class. Co-accused has already been enlarged on bail. Trial is likely to take some more time. Considering afore
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
The completion of investigation, the period of custody, and the likelihood of trial taking some time are relevant factors in considering a bail application.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for compliance.
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 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....
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
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.
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